9 intro to CEPA and pesticides Flashcards

1
Q

What is an introduction to CEPA?

A

Canadian Environmental Protection Act 1999 (Bill C-74)
-main goal: contribute to sustainable development. “an act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development”
-timeline: approved by canadian parliament in 1999 and implemented in march 31, 2000
-replaced CEPA 1988 (previous act), which was (at that time) both outdated and not sufficiently environmentally protective

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2
Q

what were the improvements of CEPA 1999 versus CEPA 1988?

A

CEPA 1999 was a significant improvement over the previous bill due to its shifts in focus:
1. pollution prevention
2. environmental and human risk assessment (scientifically show risks and hazards)
3. time frames for toxic substance management
4. tools for managing toxic substances (database)
5.phasing out harmful substances
6. regulation of atmospheric emissions
7. strengthening of act enforcement
8. citizen input (in relation to specific chemicals)
9. better cooperation (government and aboriginal communities)

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3
Q

was CEPA 1999 ever reviewed?

A

-in 2017 (due to calls from the public and NGOs), a review of the CEPA 1999 was initiated
-review committee offered 87 recommendations

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4
Q

what were the revisions of CEPA 1999 to CEPA today?

A

in 2018, revisions to the act began (still in the works), will contain practices that:
-better protect vulnerable populations (elderly, young, pregnant)
-focus on high concern chemicals with potential long-term effects (endocrine disrupters)
-update standards and regulations-specifically focusing on improving air quality

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5
Q

CEPA 1999 REVISIONS: Bill C-28 introduced in 2011 (never implemented). Reintroduced as Bill S-5 in Nov 2021; passes may 2023, Bill S-5 amends CEPA 1999 to, among other thing (15 major amendments):

A

-recognize that every individual in Canada has a right to a healthy environment
-require that research, studies, or monitoring activities be conducted to support the act
-highlights fracking and tailings ponds as particular areas of concern, granting the government more authority to request information on substances released from these processes
-require that the ministers of environment and health develop a plan to prioritize which substances are toxic or capable of becoming toxic
-require that the ministers give priority to the total, partial or conditional prohibition of activities in relation to toxic substances that are specified under CEPA 1999, or to the total, partial or conditional prohibition of releases of those substances into the environment

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6
Q

what is the environmental management of CEPA?

A

-in canada, each government has the power to protect the environment
-CEPA 1999 is primarily a federal legislative framework for protecting the canadian environment and human health
-in particular, the minister of the environment and climate change is accountable for the administration of CEPA 1999
-key aspect: prevention and management of risks posed by toxic and other harmful substances

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7
Q

efforts under CEPA 1999 are complemented by efforts from other acts. For example:

A

pest control products act

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8
Q

what does canada recognize about international environmental management?

A

-as part of CEPA, canada recognizes its contributions to global environmental problems
-CEPA 1999 provides the means and opportunities to cooperate with international governments and achieve canada’s environmental policy and regulatory goals

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9
Q

what are the guiding principles of CEPA?

A

-sustainable development
-pollution prevention
-virtual elimination
-ecosystem approach
-precautionary principle
-intergovernmental cooperation
-national standards
-polluter pays principle
-science-based decision making

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10
Q

what is the principle of sustainable development?

A

-‘environmental protection strategies are driven by a vision of environmentally sustainable economic development’
-this depends on a clean, healthy environment and a strong, health economy that meets the needs of a present generation, without compromising the abilities of future generations to meet their needs

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11
Q

what is the principle of pollution prevention?

A

-‘the use of processes, practices, materials, products, substances, or energy that avoid and/or minimize the creation of pollutants and waste, and reduce the overall risk of environmental or human health’
-this has been primarily carried out through the actions of the Chemicals Management Plan

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12
Q

what is the principle of virtual elimination?

A

-‘CEPA 1999 requires virtual elimination of all chemicals that are persistent, bioaccumulative, toxic and primarily a result of human activities’ (PBT chemicals)
-virtual elimination is defined as elimination below the limit of detection (<LOD)
-this principle also is largely covered by the Chemicals Management Plan

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13
Q

what is the principle of ecosystem approach?

A

-‘environmental protection will be based on geographic, not political boundaries’
-therefore, the whole ecosystem, as it functions (under definitions of ecology, not politics) should be focused on
-this is complicated-it considers environmental, social and economic elements that affect the environment as a whole (e.g. ecosystem services)

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14
Q

what is the precautionary principle?

A

-‘actions to protect the environment and health are guided largely by the precautionary principle’
-definition: where there are threats of serious or irreversible damage to the environment, a lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation

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15
Q

what is the intergovernmental cooperation principle?

A

-‘all governments in Canada (i.e. federal, provincial, territorial, indigenous) have the authority to protect the environment and need to cooperate to make sure that actions are complementary and to avoid duplication’

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16
Q

what is the national standards principle?

A

-national leadership is needed to achieve a consistent level of ecosystem health across canada
-national standards (for chemicals) need to be implemented, updated, and added to over time
-a great example of this are the Canadian Council of Ministers of the Environment (CCME) guidelines

17
Q

what is the polluter pays principle?

A

-‘embodies the principle that users and producers of pollutants and wastes should bear the responsibility for their actions. Companies or people that pollute should pay the costs they impose on society
-e.g. husky 2016 oil spill in the north saskatchewan river, or Tech Coal (Elk River Valley, BC)

18
Q

what is the principle science-based decision making?

A

-‘CEPA 1999 emphasizes the integral role of science and traditional indigenous knowledge in decision-making and that social, economic and technical issues are to be considered in the risk management process’
-the good: more factual, more science jobs, more informed decision making
-the bad: imperfect implementation, political influence

19
Q

how does the CEPA define toxic substances?

A

for the purposes of CEPA, except where the expression “inherently toxic” appears, a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that:
1. have or may have an immediate or long-term harmful effect on the environment or its biological diversity
2. constitute or may constitute a danger to the environment on which life depends; or
3. constitute or may constitute a danger in Canada to human life or health

there are currently 140 substances defined as toxic on the CEPA list

20
Q

what is the table of environment canada criteria for categorization of CEPA toxic?

A
21
Q

what is canada’s chemicals management plan (CMP)?

A

-introduced on december 8, 2006 under CEPA
-this plan was introduced to take action to regulate chemicals that are known to be harmful to human health and the environment (e.g. PBT chemicals)
-since 1994, new chemicals manufactured in canada/imported into canada have undergone rigorous scientific risk assessment
-this plant acted initially to perform risk assessments on chemicals introduced on the market pre 1994 (legacy chemicals)

22
Q

what are the phases of the CMP?

A

the CMP was broken down into phases where they have categorized and identified potentially harmful compounds:
-phase I=2006 (initiation)
-phase II=2011 (1500 extra chemicals identified)
-phase III=2016 (ongoing)

initially, regulators categorized 23,000 substances and identified 4,300 chemicals are priorities for assessment by 2020/2021. The numbers:
-over 420 harmful substances identified
-approx, 80 risk management options implemented
->5,000 notifications for new substances received yearly