In 2017, we saw several changes to environmental protection at the provincial level. Just last month, we discussed some of the changes at the Ontario Ministry of Environment and Climate Change. Last fall, we shared the Environmental Commissioner of Ontario’s report with their suggested changes.
However, change isn’t confined to the province. The Canadian Environmental Protection Act (CEPA) may also be undergoing changes of its own.
Reporting under CEPA includes the annual reporting for National Pollutant Release Inventory (NPRI) and establishment of the Chemicals Management Plan (CMP).
Recommended Changes to the Canadian Environmental Protection Act
Recently, the Standing Committee on Environment and Sustainable Development submitted a list of 87 recommendations with respect to CEPA. Among the recommendations are the following:
- Amending the preamble of CEPA to recognize a right to a healthy environment, giving additional consideration to vulnerable populations in risk assessments, and inclusion of the United Nations Declaration on the Rights of Indigenous Peoples.
- Giving greater force and effect to environmental rights.
- “…following stakeholder consultations on the implementation of hazard labelling, CEPA be amended to require mandatory hazard labelling of all products containing toxic substances.”
- Amending NPRI reporting to include oil and gas exploration and drilling; include separate NPRI spills reporting; mandatory reports on facility operational performance on pollution prevention and reduction; include daily, weekly, and monthly pollution data; and lowering threshold reporting for NPRI reporting.
- Amended the CEPA to require that the federal government develop legally binding and enforceable national standards for air quality in consultation with the provinces, territories, Indigenous peoples, stakeholders, and the public.
87 Recommended Changes to CEPA Covers Many Issues
There are also mentions of endocrine disruptors, persistent and bioaccumulative chemicals, labelling of fuel dispensers, and more. With 87 recommendations, the list covers a lot of different issues.
Some of the recommendations will likely get more support than others. Some are likely to be met with more critical review. With respect to the mandatory hazard labelling recommendation, this seems to be similar to California’s Proposition 65, which has been controversial.
While we don’t have any particular insight on the ultimate outcome of these recommendations, it is, at a minimum, something you may want to monitor. You might also gain some insight from your trade group, industry group, or environmental counsel, who may be tracking these issues more closely.
If you have more immediate concerns about finding solutions to soil and/or groundwater assessment/remediation issues, environmental site assessment issues, or any other environmental management issues, we would be happy to assist you. You can reach me at 519-979-7300, ext. 114.