CEPA 1999 Parliamentary Reviews Presentation for “DOJ Day” Canadian Bar Association November 3, 2006

EC and HC undertook significant preparations for the current 5 year reviews Departmental preparations included: –Internal analysis of how the legislation is affecting programs –External evaluations of implementation of the Act –Broad-based stakeholder engagement: public workshops in six cities across Canada web-based stakeholder engagement –Issues Paper tabled with the Parliamentary Committees in October (available on CEPA Registry)

What we heard during stakeholder discussions Fundamentally sound Act More effective implementation will address many concerns Some issues may need a legislative change to be resolved Concern that Review may distract from implementation Some concerns about adequacy of resources to support implementation of the Act

Overall departmental messages… CEPA 1999’s basic architecture is sound Review represents opportunity to make a good Act better Past six years have been spent putting in place many significant elements of CEPA 1999 and results are now emerging –e.g., Use of new risk management tools, such as Pollution Prevention Plans

Government released paper on CEPA Issues Twelve technical Issues Paper raised by Government and 3 issues broader than CEPA Technical issues relate to making Act more efficient Broad issues: federal lands and operations aboriginal lands; biotechnology –CEPA is not the only legislation to address these issues

Five-year review has begun… Two reviews of CEPA 1999 currently underway –House of Commons Standing Committee on Environment and Sustainable Development began hearings on Review of CEPA on May 10, 2006 –Senate Standing Committee on Energy, the Environment and Natural Resources began hearings on Review of CEPA on May 16, 2006

House of Commons Review Standing Committee on Environment and Sustainable Development has heard from the following groups: –Industry Coordinating Committee –Canadian Chemical Producers’ Association –Canadian Consumer Specialty Products Association –Canadian Environmental Law Association –Canadian Fertilizer Institute –Canadian Strategy for Cancer Control –Environment Canada, Health Canada, Justice Canada & Statistics Canada –International Joint Commission –Commissioner of the Environment and Sustainable Developoment –Great Lakes United/Canadian Environmental Network –Ivey Foundation –Mining Association of Canada –Pollution Watch –Environmental Defence –Canadian Medical Association –Ontario Medical Association

House Committee Fall Work Plan This Fall, the House Committee plans to hold at least 10 meetings to deal with issues under 6 broad topics TopicIssue Measuring success: pollution prevention Measurement of goals; state of the environment reporting; improved monitoring of toxics International activitiesLessons from other jurisdictions; recognizing int’l decisions; taking advantage of REACH Assessment of substancesAccounting for vulnerable populations; use of “toxic”; chemicals under FDA; managing results of categorization; bearing the burden–industry/govt Managing substancesImproving timelines; implementing virtual elimination; most appropriate tools; enforcement; public participation Cooperation with provinces, territories and aboriginal peoples Incorporating aboriginal views; role of NAC vis-à-vis CCME; role of equivalency and admin agreements Interdepartmental co-operation & legislative overlap Roles of departments; legislative clarity within CEPA and vis-à-vis other acts

Senate Review Standing Committee on Energy, the Environment and Natural Resources has heard preliminary views from the following: –Canadian Association of Petroleum Producers –Canadian Chemical Producers’ Association –Canadian Consumer Specialty Products Association –Canadian Environmental Network –Canadian Manufacturers and Exporters –Commissioner of the Environment and Sustainable Development –Environment Canada, Health Canada & Justice Canada –Pollution Probe –Pollution Watch –Sierra Legal Defence Fund –Hon. Charles Caccia, P.C. Committee has chosen to examine the successes and shortcomings of CEPA by way of case studies –Mercury, perfluorinated chemicals and air pollution (Smog).

Many of the Government’s issues are being brought forward by others House Committee list of issues derived from what they heard from others Most relate to issues Government raised Unclear how quickly Committees will complete their work