Federal Acts Flashcards
Fisheries Act (1868), updated 1972, 2012
Canadian Environmental Protection Act (CEPA 1988) - “An Act respecting pollution prevention and the protection of the environment and human health in order to contribute to sustainable development
Updated in 1999
Canadian Environmental Assessment Act (1992; 2012 repealed and replaced with Canadian Environmental Assessment Act, 2012)
Species at Risk Act (2002)
Department of Fisheries and Oceans administers section 35
the key habitat protection provision, prohibiting any work or undertaking that would cause the harmful alteration, disruption or destruction of fish habitat.
Environment and Climate Change Canada administers section 36
the key pollution prevention provision, prohibiting the deposit of deleterious substances into waters frequented by fish, unless authorized by regulations under the Fisheries Act or other federal legislation.
A deleterious substance can be any substance that, if added to any water, would degrade or alter its quality such that it could be harmful to fish, fish habitat or the use of fish by people.
2012 omnibus bill
C-38, the budget implementation bill entitled the Jobs, Growth and Long-term Prosperity Act, introduced on April 26, and modifying 69 Acts
Overhaul environmental legislation. One clause within Bill C-38 is actually an act unto itself called the Canada Environmental Assessment Act. The bill would dramatically reduce the number of federal environmental assessments, leaving the job mostly in the hands of the provinces and focusing federal oversight on cases involving migratory birds, fish and other aquatic species. Assessments would have to be completed within two years. Cabinet would be given ultimate decision-making powers.
– Change the federal Fisheries Act to repeal language that prohibits the destruction of fish habitats unless the habitat that would be damaged is part of a commercial, recreational or aboriginal fishery. This would leave unprotected any fish habitat that does not directly benefit human beings, including many of the streams that cross the route of the proposed Northern Gateway pipeline.
Bill C69
Part 1 enacts the Impact Assessment Act and repeals the Canadian Environmental Assessment Act, 2012. Among other things, the Impact Assessment Act
(a) names the Impact Assessment Agency of Canada as the authority responsible for impact assessments;
(b) provides for a process for assessing the environmental, health, social and economic effects of designated projects with a view to preventing certain adverse effects and fostering sustainability;…..
Part 2 enacts the Canadian Energy Regulator Act, which establishes the Canadian Energy Regulator and sets out its composition, mandate and powers. The role of the Regulator is to regulate the exploitation, development and transportation of energy within Parliament’s jurisdiction.
The Canadian Energy Regulator Act, among other things,
(a) provides for the establishment of a Commission that is responsible for the adjudicative functions of the Regulator;
(b) ensures the safety and security of persons, energy facilities and abandoned facilities and the protection of property and the environment;
(c) provides for the regulation of pipelines, abandoned pipelines, and traffic, tolls and tariffs relating to the transmission of oil or gas through pipelines;….
Part 2 also repeals the National Energy Board Act.
Part 3 amends the Navigation Protection Act to, among other things,
(a) rename it the Canadian Navigable Waters Act;
(b) provide a comprehensive definition of navigable water;
(c) require that, when making a decision under that Act, the Minister must consider any adverse effects that the decision may have on the rights of the Indigenous peoples of Canada;
(d) require that an owner apply for an approval for a major work in any navigable water;…..
Regulations under Fisheries Act
Chlor-Alkali Mercury Liquid Effluent Regulations
Meat and Poultry Products Plant Liquid Effluent Regulations
Metal Mining Effluent Regulations
Petroleum Refinery Liquid Effluent Regulations
Potato Processing Plant Liquid Effluent Regulations
Pulp and Paper Effluent Regulations
Wastewater Systems Effluent Regulations
Canadian Environmental Protection Act, 1999 (CEPA 1999)
The Canadian Environmental Protection Act, 1999 (CEPA 1999)
cornerstone of Canada’s environmental legislation and an important part of Canada’s broader legislative framework aimed at preventing pollution and protecting the environment and human health
For chemicals to be regulated federally, they have be declared “toxic” under CEPA
Updated in 2012
Priority substance list
The first Priority Substances List (PSL1) was published in 1989 and included 44 substances or groups of substances.
Environmental assessments and human health assessments were completed under the Priority Substances Assessment Program by early 1994. Assessment Reports for each of these PSL1 substances were completed and published following a critical review of relevant identified data
National Pollutant Release Inventory
Under CEPA, the National Pollutant Release Inventory (NPRI) was established as a means to provide Canadians with up-to-date information about 176 substances released on land and into air and water. Releases of pollutants into the Canadian environment are on the decline, decreasing by more than 25% between 1993 and 1995
purpose of identifying the substances on the List that, in their opinion and on the basis of available information,
(a) may present, to individuals in Canada, the greatest potential for exposure; or
(b) are persistent or bioaccumulative in accordance with the regulations, and inherently toxic to human beings or to non-human organisms, as determined by laboratory or other studies
