Cepa Equivalency Agreements

Despite all these other statutes and agreements, the EPA remains in 1999 the most important instrument used by the Canadian government to combat mercury releases to the environment. The committee heard that mercury is listed on Schedule 1 (toxic substances list) of the 1999 EPA. Under the 1999 EPA, a number of regulations deal directly or indirectly with mercury. For example, Mercury Release Regulations specifically aim to reduce mercury releases from chlorine and soda facilities into the atmosphere. [26] The importation and export of hazardous hazardous waste and high-quality materials, offshore disposal rules, the enerther environmental emergency regulation and the National Pollutant Release Inventory (NPRI) cover many substances, including mercury. [26] Environment Canada, Risk Management Strategy (RMS) for Mercury- Containing Products, CEPA Environmental Registry, 2006, P.6, www.ec.gc.ca/ceparegistry/documents/part/Merc_RMS/Merc_RMS.cfm The intent of equivalency agreements is to minimize duplication of environmental legislation. The Minister is responsible for reporting annually to Parliament on the management of equivalency agreements. In concrete terms, witnesses suggested putting in place mechanisms that should allow citizens to require « the government to adopt regulations, pollution prevention plans and equivalency agreements under the law. » [50] In addition, they believe that communication and publication provisions need to be strengthened to enable the public to better monitor progress on pollution prevention, pollution control and legislative implementation. The Committee agrees with the importance of public participation and the need for the public to access relevant surveillance information.

However, we believe that an amendment to the EPA in 1999 is not essential. The Office of the Commissioner for the Environment and Sustainable Development has already been the subject of a public petition. This allows citizens to demand environmental action from the government and sets concrete deadlines in which the government must respond. Section 9 of the Canadian Environmental Protection Act,1999 (CEPA), provides for the federal government to enter into administrative agreements with the provinces. In addition, under Section 10, the federal government can enter into an equivalency agreement with a province, so that provincial requirements are applied in place of the corresponding cepa regulation. Other related agreements, such as Canadian standards, are concluded under Section 9 of the EPA, but constitute cooperation on the path to a common goal and not a transfer of powers under the EPA. In addition, the Canadian Constitution authorizes the federal government to enter into international environmental agreements. The CEPA and EPA regulations implement a number of these agreements. A further improvement, which would make the EPA more effective in 1999, was raised at the Committee hearings on PFCs, but it generally applies to each substance.

The 1999 EPA provides for equivalency agreements between the federal state and the federal states. The Government of Canada can develop a national standard or national rule, and if the province adopts rules to apply that standard, both levels of government can enter into an equivalency agreement to enforce the standard. So far, these provisions of the law have not been widely discussed.

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