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ARCHIVED - CEPA Annual Report for the Period April 1995 to March 1996

CEPA Part VII: General Information

CEPA Part VII contains general provisions respecting the establishment of boards of review, enforcement of, and compliance with, the Act and intergovernmental administrative agreements.

Notices of Objection and Boards of Review

The public may file a "notice of objection" respecting certain decisions or proposed regulations. Under procedures set out in Part VII of CEPA, a Board of Review may be established to examine a notice of objection.

During 1995-96, no Notices of Objection were received and, therefore, no Boards of Review were established.

Enforcement and Compliance

Environmental legislation seeks to safeguard a healthy environment and promote sustainable development. Compliance with the law is mandatory and most Canadians comply with legislation voluntarily. Environment Canada uses both enforcement and compliance promotion to motivate compliance with environmental legislation.

Enforcement Powers

CEPA provides for enforcement powers, including powers to inspect, search for and seize evidence, issue directions, and prosecute for offences with penalties that include fines, jail sentences or court orders. Proposed amendments to CEPA will provide a more flexible means of penalizing violators in proportion to the seriousness of the offence.

Enforcement and Compliance Policy

CEPA’s Enforcement and Compliance Policy establishes principles for fair, predictable and consistent enforcement. It informs all parties who share responsibility for protecting the environment - governments, industry, organized labour and individuals - about what is expected of them and what to expect from the officials who promote compliance and enforce regulations.

Enforcement

Compliance means the state of conformity with the law. CEPA provides for a variety of mechanisms to verify compliance, including inspection, taking of samples, auditing of reports, responding to tips, self-reporting and investigations.

Inspection programs verify compliance with the laws and their regulations. Regular inspections are carried out according to an annual National Inspection Plan which identifies the quantity and types of inspections and monitoring activities to be carried out each year. Inspections are also conducted in response to spills, tips and complaints. When violations occur, detailed investigations are undertaken to gather evidence and information in order to make a decision on the appropriate action.

Action is necessary in situations where there is non-compliance with the legislation and may include:

  • verbal and/or written warnings;
  • inspector’s directions or orders from the Minister;
  • increased regulatory burden (e.g., more stringent reporting and inspection requirements);
  • injunctions;
  • licensing sanctions (e.g., increased restrictions and suspensions);
  • criminal prosecutions; and
  • civil suits by the Crown to recover costs.
Enforcement Activities 1995-96
RegulationsInspec-
tions
Investi-
gations
Govt
War-
nings
Other
War-
nings
Direc-
tions
Prose-
cutions
Convic-
tions
Acquittals/
Withdrawals
PCB Material Storage33871349-11-
Chlorobiphenyls1013---1--
PCB Waste Export11--1----
PCB Destruction101------
Secondary Lead37-------
Vinyl Chloride53----1-
Asbestos Mines and Mills Release28-------
Chlor-alkali Mercury Release2-------
Domestic Substances List3-------
Gasoline6-----1-
Ozone-depleting Substances308-4----
Ozone-depleting Products1096-4-341
Ocean Dumping81--7-1--
Export/Import of Hazardous Wastes15815-4-91-
Phosphorus Concentration17--1----
Dioxins and Furans143-3----
Defoamer and Wood Chips6-------
Toxic Substances Export Notification5-------
Others2-------
Sub-Total96346137401581
Files Closed-48------
Total96394137401581

 

Prosecutions 1995-96
Name of Individual
or
Company
StatusOffence Date and LocationDate
Charged
Regula-
tions and
Offence
Court
Date
ResultPenaltyNotes
Atlantic Region
Werner's Wholesale Group Inc./Société de Commerce en Gros Werner Inc. (D.S. Fraser)

(This file consists of 3 distinct prosecutions in 3 different geographic locations)
Concluded95/04/24-95/10/20
(Fredericton)
95/05/08-95-10/20
(Moncton)

95/10/06-95/10/20
(Dartmouth)
96/01/15Ozone-depleting Substances Products Regulations

7 Counts

11 Counts

3 Counts
96/03/27Guilty
Plea
$9,000
Fine
The company pleaded guilty to a total of ten charges - nine for selling the product and one for offering the product for sale. A court order was issued directing Werner's Wholesale Group Inc. to be responsible for disposing of the products in an environ-
mentally safe and acceptable manner.
Quebec Region
Narinder Nath carrying on business as Exporteurs et Importeurs Nath
10500 L'Acadie Blvd,
Montreal
For Trial93/12/15
and
94/12/22
95/10/08Export and Import of Hazardous Waste Regulations (EIHWR)

26 Counts
96/08/16  Allegedly exported zinc wastes in 12 instances in the Port of Montreal without giving prior notice.
Metalchem Inc.
1725, Washington Rd.
USA

Metalchem Canada Inc.

200, Argentina Rd.
Ontario
Concluded93/08/30
and
93/09/01
95/08/14EIHWR

2 Counts
96/06/06Charges
With-
drawn
 Allegedly exported lead dross eight times between 93/08/30 and 93/09/29.
Laidlaw Medical Services Inc.
Etobicoke, Ontario
Gatineau, Quebec
Concluded94/01/23
to
94/02/11
95/04/10EIHWR

14 Counts
95/06/19Guilty
Plea
$8,000
Fine
The company pleaded guilty to two counts and was fined $4,000 for each. The remaining counts were withdrawn by the Crown.
Hydro Quebec
Station No. 3
Shawinigan, Quebec
For TrialJune 11, 1995
Shawinigan
96/03/18PCB Interim Order96/11/18   
Ontario Region
Motilal Dhar carrying on business as Dhar Trading CompanyConcludedApril 1994
to
March 1995

(Toronto)
96/02/08EIHWR

16 Counts
96/06/21Guilty
Plea
$2,500
Fine
Mr. Dhar pleaded guilty to one count. The remainder of the charges were withdrawn.
Walter Faggion and North American Zinc Company
Stoney Creek, Ontario
Closed1993-1995
(Stoney Creek)
95/12/12EIHWR

70 Counts
96/05/10Charges
With-
drawn
 Headers="P1" Crown prosecutor and the judge withdrew the charges after a re-exami-
nation of the evidence.
Mida Metals Int'l Inc. and Brian Love
Burlington, Ontario
Stayed1993-199495/12/12EIHWR

62 Counts
96/07/10Charges
Stayed
 All charges against the company and Brian Love were stayed.
Triloki Vashist and Narinder Nath operating a business as T&N Enterprises Exporters & Importers and TNV Trading Ltd.
Brampton, Ontario
For Plea1994-199595/06/30EIHWR

40 Counts
97/01/
21-23
  40 charges were laid for allegedly exporting hazardous waste without meeting the prescribed condition for such exports contrary to the provisions of EIHWR and CEPA.
G.H. Johnson's (Dufferin) Ltd. and Patrick Johnson
Toronto, Ontario
Concluded94/07/0895/05/01Storage of PCB Material Regulations

22 Counts
96/01/16Guilty
Plea
$10,000 fine for G.H. Johnson's & $5,000 fine for Patrick JohnsonThere was a total of three counts at $5,000 each.
Harish Ghandi operating as Sokari International
Mississauga, Ontario
For TrialApril 1993
to
September 1994
95/05/17EIHWR

36 Counts
97/01/
21-23
   
Prairie & Northern Region
SHRED-A-CAN Recyclers Ltd.
Bay 1, 861644 Street S.E.
Calgary, Alberta
For TrialDecember 1994
to
March 1995
95/10/17EIHWR96/10/
23-25
   
Pacific & Yukon Region
JJM Construction Ltd., Miller Contracting Ltd., John J. Miller (Pres) and John W. Lamberton (Captain)
8828 River Road
Delta, B.C.
For Trial95/9/13
to
95/11/17
95/12/19Ocean Dumping Regulations

2 Counts
97/05/12   

Note: Where there has been no finding of guilty, the information contained herein is only alleged. (as of 12 August 1996)

Applications for Investigations

Under section 108 of CEPA, any two residents of Canada (18 years of age or older) who believe that an offence has been committed under CEPA may request an investigation of the alleged offence. One investigation was pursued under Section 108 during the past year. No violation of CEPA was found.

Implementation Strategies

During the fiscal year 1995-96, implementation strategies have been developed for enforcing regulations dealing with pulp and paper mills and the export and import of hazardous wastes. These strategies include compliance verification and inspection activities for specific provisions as well as possible actions to deal with alleged infractions. Section by section analysis of these regulations incorporates legal, technical and enforceability issues as background for inspectors. This provides overall guidance and inspection priorities.

National Training Program

Training is of major importance in maintaining and enhancing Environment Canada’s continually evolving enforcement program. The National Training Program delivers a variety of courses both to officers and analysts in duties ranging from basic inspection skills to very specialized regulation-specific enforcement activities. In 1995-1996, Environment Canada delivered the following CEPA related courses:

  • Train the Trainers;
  • Basic Course for Inspectors;
  • Expert Witness Course;
  • Health and Safety Training Course;
  • Basic Course for Investigators;
  • New Substances Notification Regulations Course;
  • Course for Chilean Inspectors;
  • Sampling Pilot Course;
  • Export/Import of Hazardous Wastes Course; and
  • Environmental Audit Pilot Course.

A catalogue of training courses offered by Environment Canada is available on request.

International Activities

International activities include coordinating transboundary enforcement activities, many of which relate to enforcement of CEPA and its regulations. As well, several international conventions and agreements to which Canada has signed are related to compliance with CEPA.

Internationally, Environment Canada participated in, co-organized, and provided funding for the Fourth International Environmental Enforcement Conference in Thailand. Capacity building, training and encouraging the development of regional networks were the theme of this conference.

The North American Agreement for Environmental Cooperation (NAAEC), a side-agreement to the North American Free Trade Agreement (NAFTA), obliges each of the parties to the Agreement (Mexico, USA and Canada) to report annually to the North American Commission on Environmental Cooperation (NACEC) on their respective environmental enforcement activities. The first such report was prepared in draft form and conveyed to the NACEC for release in 1995-96.

The Environmental Technology Advancement Directorate and the Wastewater Technology Centre (WTC) collaborated with Mexico’s Institute of Water Technology and National Water Commission to develop a national water sector operators training and certification program. Implementation financing has been approved by the World Bank.

A Working Group on Enforcement with the US and Mexico was formed during the year. During 1995-1996, several joint transboundary projects were implemented and others planned for the future.

Computerized Information Systems

Implementation of the Enforcement Activities Tracking System (EATS) continued in 1995-96 as more CEPA inspectors were introduced to the program. The basic system was put in place and training was provided in every Region. Future enhancements to increase user satisfaction have been identified necessary modifications will be made.

Agreements with Provinces and Territories

Section 98 of CEPA provides for the federal government to enter into administrative agreements with the provinces and territories.

Such agreements are invaluable cooperative tools for federal, provincial and territorial governments to attain common environmental protection goals on mutually acceptable terms in an administratively efficient manner, while ensuring national environmental standards remain consistent.

Administrative Agreements

Administrative agreements are "work-sharing" partnerships that allow federal, provincial and territorial governments to share the work of administering regulations. They can cover such activities as inspection, enforcement, monitoring and reporting, but do not release any of the parties from their respective responsibilities. Under an administrative agreement, the federal government remains accountable to the Canadian people through Parliament and, therefore, must report annually to Parliament on the agreement.

Agreement between the Government of Quebec and the Government of Canada respecting the Application in Quebec of Federal Pulp and Paper Mill Regulations

This Agreement harmonizes federal and provincial regulatory requirements and provides a single window to industry for the enforcement and compliance of two pulp and paper regulations under CEPA, as well as Fisheries Act requirements. It expired January 1, 1996 and negotiations are continuing with respect to the development of a new agreement.

Administrative Agreement for the Administration of Federal-Provincial Pulp and Paper Effluent Regulations within the Province of Ontario

This administrative agreement is under negotiation. When complete, it will encompass the Pulp and Paper Mill Defoamer and Wood Chip Regulations and the Pulp and Paper Mill Effluent Chlorinated Dioxins and Furans Regulations pursuant to CEPA as well as the Pulp and Paper Mill Effluent Regulations under the Fisheries Act.

Canada-Saskatchewan Administrative Agreement for the Canadian Environmental Protection Act

An administrative agreement for CEPA with the province of Saskatchewan continues to apply to many regulatory aspects of the Act, including specific regulations respecting ozone-depleting substances, PCBs and pulp and paper mills. Among other things, the Agreement provides a one-window spill reporting arrangement with all reports through the province. During the reporting period, training was provided, under the Agreement, to provincial inspectors to allow for their designation as CEPA inspectors for the purpose of receiving spill reports. Training of provincial inspectors of pulp and paper mills was also provided. Provincial inspection of the one regulated pulp and paper mill in Saskatchewan showed compliance with federal pulp and paper regulations. Work will continue during the coming year on spills reporting and the development of a formal mechanism for the exchange of information related to ozone-depleting substances and PCBs.

Canada-Northwest Territories Framework Agreement for Environmental Cooperation in the Northwest Territories

A general framework agreement was signed with the Government of the Northwest Territories in November, 1995. Annexes to the Agreement on specific areas of cooperation are under development.

Agreement on the Administration of Federal Legislation for the Control of Effluents from Pulp and Paper Mills in the Province of British Columbia

This Agreement harmonizes federal and provincial regulatory requirements and provides a single window to industry for the enforcement and compliance of two pulp and paper regulations under CEPA, as well as Fisheries Act requirements. During the reporting period, training was provided to 50 provincial investigative staff of the Conservation Officer Service and Regional Waste Managers on their respective obligations under the terms of the Agreement; finalization of the single format electronic data reporting system is expected to be completed by the end of 1996; and inclusion of federal requirements will be required in all future provincial effluent permits as they are amended. This Agreement was signed in September 1994, and expired March 31, 1996. Negotiations are continuing towards the development of a new broader Agreement which could cover other industrial sectors in addition to pulp and paper.

Canada/Yukon Environmental Protection Agreement

Signed in May of 1995, the Canada/Yukon Environmental Protection Agreement identifies areas for cooperation in the planning and delivery of programs for environmental protection in Yukon including activities such as: monitoring, standards, training and conferences, inspection, spills and enforcement and compliance.

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