Canadian Environmental Protection Act (CEPA)
The Canadian Environmental Protection Act (CEPA), enacted on June 30, 1988, serves as a cornerstone of Canada’s environmental policy by establishing standards to protect environmental quality and regulate toxic substances. This legislation arose in response to growing environmental concerns in the 1960s and 1970s, leading to earlier laws like the Clean Water Act and Clean Air Act, which aimed to combat pollution and manage natural resources collaboratively between federal and provincial governments. Unlike the U.S., Canada's environmental regulatory framework involves shared jurisdiction, allowing provinces with equivalent laws to operate independently of CEPA provisions.
CEPA empowers the government to control air and water pollution, manage hazardous materials, and respond to environmental hazards, including the cleanup of toxic releases. Additionally, it includes proactive measures for assessing new substances before they enter the market and mandates toxicity testing for certain existing substances. Recent amendments to CEPA, introduced in 2023 through the "Strengthening Environmental Protection for a Healthier Canada Act," emphasize protecting public health, especially for vulnerable populations, and aim to reduce reliance on animal testing in environmental assessments. As a result, CEPA plays a pivotal role in safeguarding Canada’s environmental health and promoting sustainable resource use.
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Canadian Environmental Protection Act (CEPA)
- DATE: Became law June 30, 1988
The Canadian Environmental Protection Act outlined environmental quality standards for Canada and established regulations on the manufacture, emission, and discharge of toxic substances to achieve those standards.
Background
During the 1960s and 1970s, the Canadian federal government and the governments of the Canadian provinces passed several laws intended to regulate pollution and clean up the environment. The Clean Water Act, passed in 1970, provided for cooperation between the federal and provincial governments on water resource management issues, particularly the cleanup of pollution in the Great Lakes. The Clean Air Act, passed in 1971, provided for similar cooperation to manage air quality. These acts were superseded by the Environmental Protection Act, passed in 1988, which established broad environmental quality objectives and gave the government the authority to regulate emissions of hazardous materials.
Unlike in the United States, where federal laws generally supersede local or state laws, in Canada constitutional jurisdiction to pass laws regulating the environment is shared by the federal and provincial governments. As a result, the provisions of Canada’s Environmental Protection Act did not apply in any province that had enacted, and enforced, equivalent provincial laws. Canadian industry as well as the provincial governments had lobbied for this provision so that the industries would not have to deal with two different sets of laws and both provincial and federal law enforcement authorities.
Provisions
The Canadian Environmental Protection Act allowed regulation of air pollution where the emissions constituted a health threat. Emissions of lead (including lead in gasoline), mercury, and other toxic substances were restricted. The act also allowed the government to control the emissions responsible for acid rain. Water quality management, provided under the act, had two objectives: to maintain the supply of safe drinking water and to minimize pollution of the fisheries. Dumping of materials into the oceans was also controlled. The act provided for the cleanup of any unauthorized releases of toxic or hazardous materials and authorized fines or jail terms for convicted polluters.
The act allowed the minister of the environment or the minister of national health and welfare to issue a temporary ban on the importation or manufacture of any new substance thought to be an environmental hazard while its toxicity could be studied. In addition, the act included a list of forty-four substances already in use that were to be tested for toxicity within five years of the passage of the act.
In 2023, a series of amendments to the act were passed. The bill was referred to as "Strengthening Environmental Protection for a Healthier Canada Act." The amendments were the first significant changes to the Canadian Environmental Protection Act in more than twenty years. According to the amendments, when making decisions concerning the environment, Canada's government must protect its people's right to a healthy country. The amendments also stressed the importance of considering vulnerable populations and their risk of the cumulative effects of toxic substances. The amendments also called for reducing or eliminating animal testing.
Impact on Resource Use
Environment Canada is the agency of the Canadian federal government responsible for overseeing the country’s environment and for the prevention of pollution of the air, land, and water across Canada. The Canadian Environmental Protection Assessment Agency, a division of Environment Canada, develops and manages the federal environmental review process and develops the national standards required to manage the toxic substances regulated by the Canadian Environmental Protection Act.
"Canada Environmental Protection Act." International Energy Agency, 21 Feb. 2022, www.iea.org/policies/15002-canadian-environmental-protection-act. Accessed 26 Dec. 2024.
Cordner, Talia, Julia Loney, and Martin Thiboutot. "Canada Recognizes the Right to a Healthy Environment (and Other Amendments to the Canadian Environmental Protection Act, 1999)." McMillan, 28 June 2023, mcmillan.ca/insights/canada-recognizes-the-right-to-a-healthy-environment-and-other-amendments-to-the-canadian-environmental-protection-act-1999/. Accessed 26 Dec. 2024. -
"Understanding the Canadian Environmental Protection Act." Government of Canada, 19 May 2022, www.canada.ca/en/services/environment/pollution-waste-management/understanding-environmental-protection-act.html. Accessed 26 Dec. 2024.