The CEPA 1999 Review Process

The Review Process in a Nutshell

The Canadian Environmental Protection Act, 1999, Section 343, requires that the Act be reviewed every 5 years after coming into effect ( March 31, 2000 ). The review examines the effectiveness of CEPA 1999 in protecting the environment and human health, and preventing pollution.

The Review. Before March 31, 2005 , the Ministers of the Environment and Health advised Parliament that this review was required. The review was assigned to a Parliamentary Committee, which was normally to have up to one year to conduct its review and prepare its report. This process has been delayed due to the intervening federal election. Although not legally required, two Committees have been reviewing the Act, the House of Commons Standing Committee on the Environment and Sustainable Development, and the Senate Standing Committee on Energy, the Environment and Natural Resources.

Government Response. The review body may request that government table a comprehensive response within 150 days of the presentation of its report. This response from government will identify its decisions regarding whether and how to revise the Act. At present this process is also influenced by the introduction of Bill C-30 the Clean Air Act.

Legislative Changes, if needed. Should the report and Government Response call for changes to the legislation, the final phase will consist of either amendments or a new bill which likely will follow the normal parliamentary process (http://www.pco-bcp.gc.ca/default.asp?Language=E&Page=publications&Sub=
legislation&Doc=lmgchapter2.3_e.htm.)

Public Participation

The Ministers of the Environment and Health solicited public input from government agencies, industry and business, civil society (including environmental and non-government organizations, labour, public health and consumer groups) and individual members of the public. These ministers have provided a document to the Review Committees summarizing the issues they deemed important from this process.

As well several organizations have provided written and oral submissions to this process. Background information on public participation can be found on the CEPA Review home page of the CEPA Registry: http://www.ec.gc.ca/CEPARegistry/review/default.cfm

Two excellent overview / background documents are linked to that page:

1) The Background document of the Canadian Council of Ministers of the Environment, Backgrounder: Legislative Review of CEPA 1999;

2) Scoping the Issues: Preparation for the Parliamentary Review of the Canadian Environmental Protection Act, 1999: Strengthening Legislation for a Sustainable Environment, a Healthy Population and a Competitive Economy. December 2004.