As part of the Federal Government’s new Environmental Enforcement Strategy, 43 new enforcement officers have completed their enforcement training and will soon be deployed across Canada. Environment Canada’s enforcement personnel conduct inspections and investigate potential offences under a number of Acts and Regulations including the Canadian Environmental Protection Act, 1999 and the pollution provisions of the Fisheries Act.

They will join Environment Canada’s Enforcement Branch whose role it is to ensure that companies and individuals comply with the pollution prevention and conservation goals of environmental and wildlife protection acts and regulations.

For more details, click here.

The training of enforcement officers is related to Ottawa’s push to strengthen respect existing environmental laws. The Federal Government adopted this year the Environmental Enforcement Act, which received Royal Assent in June 2009 . For more details, see previous bulletin.

As part of the Federal Government’s Chemicals Management Plan, manufacturers, importers and industrial users of high-priority substances must, every three months, give Environment Canada and Health Canada information on batches of 15 to 30 substances. The information is then assessed before determining appropriate actions that might be required to protect the health of Canadians and the environment. There is a Petroleum Sector Stream Approach for substances primarily related to the petroleum sector. In this sector the Government of Canada has conducted an initial triage to identify certain substances, including ones “as potentially leaving petroleum sector facilities for transport to other industrial petroleum sector facilities, rather than to the public.”

Regarding these substances, the Minister of Environment has published a notice to assess their toxicity and control measures (see Schedule 1 of this notice). Specific persons (see Schedule 2) who have access to information on the transportation of these substances (see Schedule 3) must report it no later than September 23, 2009, 3 p.m. Eastern Daylight Saving Time. These persons may submit a request for confidentiality or time extension. For more details, click here.

On July 24, 2009, Environment Canada published in the Canada Gazette significant new activity notice #EAU-464. From now on, any person who intends to use the living organism b/h PIV3/RSV F2 (other than its use in a Phase I or Phase II clinical trial for the purpose of preventing lower respiratory tract illness caused by Respiratory Syncytial Virus (RSV) and Parainfluenza Virus Type 3 (PIV3) in infants) must provide the Minister with the required information before the specific deadline. For more details, click here.

The Minister of the Environment and the Minister of Health have assessed information and now suspect the toxicity of :

• Poly[oxy(methyl-1,2-ethanediyl)], a-sulfo-w-hydroxy-, branched alkyl ethers, sodium salts.

Henceforth, Environment Canada will allow the manufacture or import of the substance, provided it meeta Ministerial Conditions (No. 15543):

• its import must be made in oil production operations;
• its manufacture can be made only if required information is transmitted to the Environment Canada by the required deadline;
• its disposal must meet specific criteria;
• its accidental release in the environment must be immediately followed by specific reporting and prevention actions;
• specific documentation on the substance must be contained in records;
• its transfer must meet specific confirmation and record-keeping requirements.

These Ministerial Conditions came in force on July 2, 2009. For details, click here.

The Minister of the Environment amended the Non-domestic Substances List. For more details, click here.

Environment Canada maintains a Non-Domestic Substances List (NDSL), based on the United States Environmental Protection Agency’s (USEPA) Toxic Substances Control Act (TSCA) Chemical Substances Inventory for 1985. Substances not on the Domestic Substances List but listed on the NDSL have lesser notification requirements.

The Ministers of the Environment and of Health have conducted a screening assessment on polychlorinated naphthalenes, under CEPA (s.74). These substances were identified as meeting the categorization criteria for persistence, bioaccumulation potential and inherent toxicity to non-human organisms. The Ministers propose to :

• add polychlorinated naphthalenes to Schedule 1 of CEPA;
• implement the virtual elimination of polychlorinated naphthalenes under s.65(3).

In this context, a risk management scope document has been released to initiate discussions with stakeholders on the right approach. Any person may file with Environment Canada comments until September 18, 2009. It is possible to request that comments be treated as confidential. For details, click here.

The federal government has recently launched negotiations for a Comprehensive Economic and Trade Agreement with the European Union (EU). In this context, the federal government is now conducting a Strategic Environmental Assessment (EA) to document these negotiations. All interested parties are invited to submit their views by September 18, 2009 on environmental impacts which this prospective agreement may have on Canada.

This process is guided by the 2001 Framework for Conducting Environmental Assessments of Trade Negotiations and with direction from the 2004 Cabinet Directive on the Environmental Assessment of Policy, Plan, and Program Proposals.

For details, click here.

The Minister of Environment published a Notice with respect to emissions of specific GHGs (see Notice, Schedule 1). Anyone operating a facility emitting 50 000 tonnes of carbon dioxide equivalent (50 kt CO2 eq.) (see details in Schedule 2) in 2009, and who has access to specific information (detailed in Schedule 3), must :

• report the information to the Minister of the Environment no later than June 1, 2010; and
• keep copies of the required information (CEPA s.46(8)) for 3 years.

The Minister intends to publish GHG emission totals for each gas by facility. Anyone subject to this notice may submit a written request for confidentiality (CEPA s.52). For more details, click here.

NIMONIK TOPIC : Topic Federal Air Emissions – Monitoring and Reporting, Federal Pollution Inventories.

The Volatile Organic Compound (VOC) Concentration Limits for Automobile Refinishing Products Regulations is now published in the Canada Gazette. VOCs are one of the main ingredients of ground-level ozone which results in the formation of smog. These regulations establish the following :

• VOCs concentration limits regarding automobile refinishing products;
• Prohibitions regarding manufacturing or importing products which do not comply with these concentration limits.

The regulations will come into force one year after their registration. For more details, click here.

NIMONIK TOPIC: Federal Air Emissions – Air Emissions Standards – VOCs

The Domestic Substances List is amended. Eighteen new substances have been added to the list. For details click here.

The Domestic Substances List is an inventory of substances manufactured in, imported into or used in Canada commercially.

Generally, all substances not on this list are considered ‘new’ and must be reported prior to importation or manufacture so that they can be assessed to determine if they are toxic or could become toxic to the environment or human health.

Notifiers must determine whether the substance to be imported into or manufactured in Canada is listed on the DSL or on the Non-domestic Substances List (NDSL). Substances not on the DSL are considered to be new to Canada and are subject to notification. Substances listed on the NDSL are subject to notification but with reduced information requirements.

The Minister of the Environment amended the Non-domestic Substances List. For more details, click here.

Environment Canada maintains a Non-Domestic Substances List (NDSL), based on the United States Environmental Protection Agency’s (USEPA) Toxic Substances Control Act (TSCA) Chemical Substances Inventory for 1985. Substances not on the Domestic Substances List but listed on the NDSL have lesser notification requirements.

The Designated Material Recycling and Management Regulation (Alta.Reg.93/2004) is amended and now includes new provisions on industry operated recycling funds (IORFs) :

• IORFs are administered by the Tire Recycling Management Association of Alberta;
• the Association can now make money advances from one IORF to another IORF.
• a money advance must be reported to the Minister of Environment with specific information;
• other provisions include details on interests and repayments for such money advances.

For more details, click here.

NIMONIK TOPIC: Alberta General waste management and stewardship.

The BC government released the British Columbia Greenhouse Gas Inventory Report 2007. In 2007, the total GHG emissions in BC were 67.3 megatonnes. This figure sets an emission baseline at these 2007 levels for measuring progress towards reducing the carbon footprint. Under the Greenhouse Gas Reduction Targets Act (GHG-BC), the BC government is legally bound to reduce GHG emissions by at least 33 % by 2020 and 80 % by 2050 below this 2007 level. The report groups emissions into 6 sectors: energy, industrial processes, solvent and other product use, agriculture, land-use, land-use change and forestry, and waste. Emissions will be tracked from this baseline to establish trends across these sectors throughout BC.

The reporting standards are set out in protocols established by the United Nation Framework Convention on Climate Change. These protocols are used by Environment Canada to develop the National Inventory Report, which BC then uses as the basis to develop the Provincial GHG Inventory.

For more details, click here.

NIMONIK TOPIC: British Columbia Air Emissions.

The Environment Minister announced a 180-day public participation process to renew the air quality operating approval for the Coleson Cove thermal generating station in Lorneville. It is NB’s largest electricity-generating plant : 1,050 megawatts from the combustion of heavy fuel oil in 2 large boilers, and a combination of heavy fuel oil and petroleum coke in a 3rd large boiler.

The current air quality operating approval expires Jan. 14, 2010. The Public Participation Regulation, N.B.Reg.2001-98 under the Clean Air Act calls for a public participation process to be conducted prior to the issuance or renewal of approvals to operate for Class 1 sources of emissions. The process covers air-quality-related issues, such as :

• air emissions,
• pollution-control equipment,
• conditions proposed in the draft approval,
• monitoring and reporting requirements, and
• information on enforcement and compliance.

For information on how to get documentation or to submit comments during the public review process, click here.

NIMONIK TOPIC: New-Brunswick Air Emissions.

In conjunction with the Canadian Wireless Telecommunications Association (CWTA), the province is launching the Recycle My Cell program. The Program covers smartphones, pagers, aircards, batteries, chargers and accessories. All of the recycling companies involved with this program are ISO 14001:2004 certified, meaning they have an environmental management system in place which ensures accountability and knowledge of the associated environmental impacts. For more details, click here.

NIMONIK TOPIC: Newfoundland & Labrador General Waste Management and Stewardship.

The province is increasing surveillance at illegal dumping sites in an effort to reduce the amount of dangerous and unsightly garbage and debris on Crown land. In many cases, these illegal dumps contain hazardous materials that can be harmful to the environment, wildlife and people who come in contact with the sites. For more details, click here.

NIMONIK TOPIC: Nova Scotia General Waste Management and Stewardship.

The Final Revised (Phase 1 and 2) WEEE Program Plan is now posted for review and comment on the Environmental Registry. Comments are due to the Ministry of Environment by August 9, 2009.

NIMONIK THEME: General Waste Management and Stewardship.

Registration for the Used Tires Program has begun. The OTS Call Center is now open for questions. For more details on registration, click here.

NIMONIK TOPIC: Ontario General Waste Management and Stewardship

The MDDEP has published an Economic impact study on the Draft Regulation respecting landfilling and incineration of residual materials and the Draft Regulation respecting pits and quarries (in French only). This study provides an assessment of the economic impacts of proposed regulatory changes on businesses, municipalities and government.

For more details on the Draft Regulation respecting landfilling and incineration of residual materials, see our previous bulletin.

For more details on the Draft Regulation respecting pits and quarries, see our previous bulletin.

NIMONIK TOPIC: Quebec General Waste Management and Stewardship.

The Ministère du Développement durable, de l’Environnement et des Parcs has published its Position on National Performance Standards regarding the Canada-Wide Strategy for the Management of Municipal Wastewater Effluent endorsed by the Canadian Council of Ministers of Environment (CCME) (see previous bulletin). Québec has not officially adhered to the Strategy. In summary, the position of MDDEP is the following:

• All new projects for domestic wastewater treatment and all projects for increased capacity or capacity modernization must be designed to meet the minimal performance standards established by the National Strategy:
  • 25 mg / L for biochemical oxygen demand after 5 days, part carbon;
  • 25 mg / L for suspended solids;
• When justified by more restrictive environmental release objectives, more stringent release requirements may be established by the MDDEP;
• The position of MDDEP targets projects involving:
  • increased capacity of the purification station;
  • modernization of the primary process;
• The position of MDDEP does not target projects only involving:
  • adding additional equipment to allow removal of an additional parameter, without intervening in the primary process;
  • equipment replacement by another similar equipment without affecting the performance purification.

For more details, click here (in French only).

NIMONIK TOPIC: Quebec Wastewater discharges.

The Sustainable Development Act requires all ministries, government agencies and corporations to produce an Action Plan for Sustainable Development in order to clarify their contribution to the implementation of the objectives of the Government Sustainable Development Strategy 2008-2013. It is now possible to consult the action plans of all ministries and agencies. To view them, click here (in French only). In addition, the first List of sustainable development indicators is now available to measure the impact of policies and strategies of various States. To view the list, click here (in French only).

General consultations on Bill 57 Forest Occupancy Act Forest will start September 1st, 2009. This bill aims to establish a new forest regime in Quebec. In particular:

• a consultation policy will be developed for sustainable forest management and development,
• the minister will gain new powers (e.g. establish experimental forests and forest areas designated as biological refugees), and
• the Government may adopt regulations on sustainable forest management standards.

Anyone who wishes to participate must send a memorandum to the Secrétariat des commissions no later than August 12, 2009. For more details, click here#.

Saskatchewan Environment is working on a new Provincial Fisheries Management Plan. The draft of the plan is now available for public review until September 30, 2009. Among the issues discussed is the challenge to minimize the effects of economic development and growth on aquatic habitats. Industrial activities, urban and recreational developments, roads, dams, and agricultural land uses and developments, have the potential to create erosion and other effects. In this context, Saskatchewan Environment is proposing results-based regulation reform. New standards would also be added to the Environmental Code of Practice to guide development affecting aquatic habitats. For more details, click here.

Bylaws no.878 (Permits and certificates) and no.875 (Zoning) have been amended. The amended version of these bylaws is now in force, but is not yet available. Baie d’Urfé is currently in the process of consolidating its bylaws. The amendments relate to fines and other changes made in recent years.