What Canada Environmental Protection Act, 1999 (CEPA): Toxic Substances, Pollution Prevention and Offences requires
The Canadian Environmental Protection Act, 1999 (CEPA, S.C. 1999, c. 33) is Canada's principal federal pollution-prevention and toxic-substances statute, administered jointly by the Minister of the Environment and the Minister of Health. Section 64 sets the core test: a substance is toxic if it is entering or may enter the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity, that constitute or may constitute a danger to the environment on which life depends, or that constitute or may constitute a danger in Canada to human life or health. Part 5 governs the assessment and management of substances, and substances found toxic are added to the List of Toxic Substances in Schedule 1 for control. Section 56 empowers the Minister to require any person to prepare and implement a pollution prevention plan in respect of a specified substance or group of substances on the List of Toxic Substances. The Act also requires the reporting of, and remedial measures for, unauthorized releases of toxic substances, and Part 8 requires environmental emergency plans for prescribed substances. Enforcement is set out in Part 10. Section 272 creates offences for contravening the Act, failing to comply with obligations, conditions, interim orders or directions, and providing false or misleading information, and prescribes a graduated penalty regime with statutory minimum and maximum fines that escalate by offender type and by whether the conviction is on summary conviction or on indictment. For an individual on indictment the fine is not less than $15,000 and not more than $1,000,000 or imprisonment for up to three years for a first offence; for a corporation (other persons) on indictment the fine is not less than $500,000 and not more than $6,000,000 for a first offence; and for a small-revenue corporation on indictment the fine is not less than $75,000 and not more than $4,000,000 for a first offence, with higher amounts for subsequent offences. CEPA is the foundational instrument an organization operating in Canada must map for chemicals management, releases and environmental emergencies.
Pillar: Water & Environmental Resources · Authority: Parliament of Canada / Minister of the Environment and Minister of Health · Version: 1.0.0 · Last updated:
Primary source: https://laws-lois.justice.gc.ca/eng/acts/C-15.31/FullText.html
SHA-256 integrity: 9a4c5e3d4f30e1325824e0f4db3357ce57d94e86bd4b283df3301be9e1e2b393
Primary Citations — 8 traced to source
- Canadian Environmental Protection Act, 1999 (S.C. 1999, c. 33), section 64 - definition of a toxic substance (immediate or long-term harmful effect on the environment or its biological diversity, or danger to human life or health).
- Canadian Environmental Protection Act, 1999, section 56 - power to require preparation and implementation of a pollution prevention plan for a substance on the List of Toxic Substances.
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