This page has been archived on the Web
Information identified as archived is provided for reference, research or recordkeeping purposes. It is not subject to the Government of Canada Web Standards and has not been altered or updated since it was archived. Please contact us to request a format other than those available.
ARCHIVED - Implementation Guidelines for Part 8 of the Canadian Environmental Protection Act, 1999 – Environmental Emergency Plans
- 1.0 Introduction
- 2.0 Summary of CEPA 1999's Environmental Emergency Planning Provisions Under Part 8, Sections 200 and 199
- 3.0 Application of Section 200
- 4.0 Environmental Emergency Reporting Requirements - Section 201
- 5.0 Application of Section 199
- 6.0 Content of an Environmental Emergency Plan
- 7.0 Public Access to Submitted Notices and Declarations
- 8.0 Compliance and Enforcement
- 9.0 Conclusion
- Appendix 1 Suggested References for Environmental Emergencies Prevention, Preparedness and Response Measures and Development of Environmental Emergency Plans
- Appendix 2 Notices/Declarations of Identification of Substance and Place, Preparation and Implementation of Environmental Emergency Plans
- Appendix 3 Model Subsection 199(1) Canada Gazette Notice
- Appendix 4 Section 200 - List of Regulated Substances (Alphabetical Order)
- Appendix 5 Calculation Of Substance Amount
- Appendix 6 Notification and Reporting of Environmental Emergencies
- Canadian Cataloguing in Publication Data
8.0 Compliance and Enforcement
As part of an ongoing monitoring process, Environment Canada will be requesting copies of some environmental emergency plans prepared under Part 8 of CEPA 1999 be submitted to the Department for review, in both a random and targeted manner. Such action will help determine whether departmental guidance on environmental emergency planning is adequate and being properly interpreted. An ongoing auditing of environmental emergency plans is also necessary to ensure that security is upheld within all affected areas in Canada.
Since the Environmental Emergency Regulations have been promulgated under CEPA 1999, when verifying compliance with the Regulations, Enforcement officers will apply the Compliance and Enforcement Policy for CEPA 1999. This policy sets out the range of possible responses to violations: warnings, directions, environmental protection compliance orders, ticketing, ministerial orders, injunctions and prosecution as well as environmental protection alternative measures.
Enforcement officers are entitled to enter places and inspect environmental emergency plans under section 218 of the Act in order to confirm that they have been prepared and are being implemented in accordance with the Environmental Emergency Regulations and section 199 notices/declarations that have been filed. Enforcement officers may do so at facilities targeted for other inspections or investigations or on a random basis, and also during or after an emergency response.
Enforcement officers will make determinations on the completeness of the documents. Environment Canada will continue to evaluate the adequacy of the results obtained through the submission of section 200 and section 199 notices/declarations in order to determine which plans are to be reviewed.
When an enforcement officer discovers an alleged violation, the officer will choose the appropriate enforcement action based on the nature of the alleged violation and the effectiveness in achieving compliance within the shortest possible time with no further repetition of the violation.
- Date modified: