The New Canadian Environmental Protection Act

Today the government announced $72 million in new funding to help implement the renewed Canadian Environmental Protection Act (CEPA).

CEPA, which provides the government with stronger powers to protect the environment and human health, received Royal Assent today.

Pollution prevention is the cornerstone of the new CEPA. It provides the government with new tools to protect the environment and human health.

It also provides Environment Canada enforcement officers with significant new powers to deal with polluters who break the law; will help Canada meet several of its international environmental obligations and provides a right-to-sue if the federal government fails to enforce CEPA.

The new $72 million funding provides the government with the resources needed to tackle the increased workload that will result from the additional powers and responsibilities included in the new CEPA.

And it is in addition to $40 million announced earlier this year to conduct scientific research into toxic substances that harm human health and the environment, including endocrine disruptors.

Highlights of Bill C-32

• Gives the government the powers to require pollution prevention planning for toxic substances;

• Mandates that all 23,000 substances in Canada will be examined to determine if they are toxic.

• Sets out deadlines for taking action to prevent pollution from toxic substances. Two years to formulate action, and 18 months to finalize action.

• Mandates virtual elimination of the most dangerous toxic substances.

• Can require emergency plans for toxic substances.

• Requires government research on hormone disrupting substances - so called gender benders.

• Expands authority to control: fuel components; fuels because of their impact on pollution control equipment; and, transfer and handling of fuels to prevent pollution.

• Transfers authority to set engine emission standards for new motor vehicles from the Motor Vehicle Safety Act to CEPA and expands the range of engines covered (off-road vehicles, generators, lawn mowers. etc.)

• Confers "Peace officer" status and expanded powers for enforcement officers - (e.g. ability to secure general warrants under the Criminal Code for surveillance of alleged offences.)

• Empowers enforcement officers to issue on-the-spot orders to stop violations and prevent pollution.

• Establishes an alternative dispute resolution mechanism to avoid costly court procedures.

• Gives authority to implement expanded obligations of Basel Convention on the Control of Transboundary Movement of Hazardous Wastes And Their Disposal.

• Establishes a more stringent regime for ocean disposal in accordance with the 1996 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter.

• Gives authority to regulate or require pollution prevention plans for Canadian sources of international air and water pollution where another Canadian government is unwilling or unable to deal with the pollution source.

• Gives authority to implement the Convention on Prior Informed Consent for hazardous chemicals and pesticides in international trade.