Forward Regulatory Plan 2019 to 2021, Environment and Climate Change Canada, chapter 5
Others
Federal Sustainable Development Act Order (Coming into Force and Schedule amendments)
Enabling Act
Federal Sustainable Development Act
Description
The Order will allow Environment and Climate Change Canada to choose a date for the amended Act to come into force.
The proposed amendments will add three Crown Corporations to the Schedule of the amended Act. This will respond to recommendations put forward by the House Standing Committee of the Environment and Sustainable Development during Committee stage of Bill C-57, an Act to Amend the Federal Sustainable Development Act.
Standing Joint Committee on the Scrutiny of Regulations
This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.
Departmental regulatory stock review plan
This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.
Regulatory cooperation efforts (domestic and international)
This initiative does not require regulatory cooperation efforts.
Potential impacts on Canadians, including businesses
As the initiative is internal to government, there are no expected impacts on business.
Consultations
Environment and Climate Change Canada is currently consulting with the responsible Minister for each of the proposed Crown Corporations, and relevant stakeholders at Treasury Board of Canada Secretariat.
The amendments will be published in the Canada Gazette, Part II. Target date for publication is 2019.
Further information
Evidence from the Standing Committee on Environment and Sustainable Development
ECCC Contact
Gail Haarsma
Acting Director, Sustainable Development Policy Division
Telephone: 873-469-1436
Email: gail.haarsma@canada.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
2018-2020 Forward Regulatory Plan Update
Regulations Amending the Antarctic Environmental Protection Regulations
Enabling Act
Antarctic Environmental Protection Act
Description
Environment and Climate Change Canada is in the process of addressing issues raised by the Standing Joint Committee for the Scrutiny of Regulations (SJCSR) on the Antarctic Environmental Protection Regulations. The department will propose amendments to the Regulations that will be administrative in nature and have minor effect on applicants for Antarctic Environmental Protection Act permits.
The first set of modifications will address comments raised by the SJCSR concerning general improvement and clarification of the Regulations and will require permit holders to include in their waste management plans the current requirements of sections 37 to 44 of the Regulations and an indication of how they will comply with them. The second set of modifications involves harmonizing the requirements of the Act and Regulations respecting environmental evaluations with those of the Protocol on Environmental Protection to the Antarctic Treaty (the Madrid Protocol).
Standing Joint Committee on the Scrutiny of Regulations
Under section 26 of the Act, the Governor in Council has the authority to make regulations respecting the issuance of permits, waste management plans, and emergency plans. The Governor in Council exercised this authority to make the Antarctic Environmental Protection Regulations.
However, in 2006 the Standing Joint Committee on the Scrutiny of Regulations (SJCSR) indicated that the requirements respecting waste removal, incineration, disposal on land and disposal at sea were incorrectly addressed in separate sections of the Regulations (sections 37 to 44). In agreement with the views expressed by the SJCSR, it is proposed to include these requirements in the provisions related to waste management plans of sections 34 to 36 of the Regulations, in accordance with the enabling authority of the Act.
Departmental regulatory stock review plan
This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.
Regulatory cooperation efforts (domestic and international)
International regulatory cooperation is ongoing. Canada is a party to the Protocol on Environmental Protection to the Antarctic Treaty, also called the Madrid Protocol. The Antarctic Environmental Protection Act and the Antarctic Environmental Protection Regulations were adopted in 2003 to implement this Protocol in Canada.
Parties to the Madrid Protocol are required to oversee the activities of expeditions organized in or proceeding from their territory, as well as the activities of their vessels, aircraft and stations in the Antarctic. Canada attends the annual Antarctic Treaty Consultative Meeting to ensure our domestic Act and Regulations remain in-line with the Madrid Protocol.
Potential impacts on Canadians, including businesses
The proposed amendments will be of interest to a small number of Canadian businesses that operate in Antarctica, mostly tourism operators with tours visiting the continent, and to Canadian scientists participating in studies in the Antarctic region.
The proposed amendments are not expected to have significant impacts on international trade or investment:
- The amendments related to waste management and waste management plans will facilitate harmonization of the regulatory requirements respecting waste disposal with the enabling statute and will address the most recent objections of the SJCSR. They will also bring all waste management requirements by permit holders together in one place in the Regulations, which will help facilitate and promote compliance;
- The amendments relating to environmental evaluations will allow for greater harmonization between Canadian and international requirements. They should thus simplify the requirements for environmental evaluations for Canadian permit applicants without decreasing environmental protection.
It is therefore expected that these proposed amendments will have no negative impacts on Canadians and Canadian businesses.
Consultations
Environment and Climate Change Canada conducted consultations on the proposed changes to the Regulations through direct communications with the regulated community and the Canadian Committee on Antarctic Research during Fall 2017. No issues were identified during this consultation process.
The proposed regulations are targeting publication in the Canada Gazette, Part I, in 2020 for a 30-day public comment period.
Further information
Additional information may be obtained using the contact below.
ECCC Contact
David Taillefer
Head, Antarctic and Marine Program Development
Telephone: 613-796-1760
Email: david.taillefer@canada.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
2015-2017 Forward Regulatory Plan
Regulations Amending the Environmental Violations Administrative Monetary Penalties Regulations
Enabling Act
Environmental Violations Administrative Monetary Penalties Act
Description
The Environmental Violations Administrative Monetary Penalties Regulations implement an Administrative Monetary Penalties (AMPs) regime that is applicable to specified legislation administered by Environment and Climate Change Canada. These amendments will update the regulations to reflect new and newly amended CEPA regulations by adding or modifying sections that are subject to AMPs and removing those that are not.
Standing Joint Committee on the Scrutiny of Regulations
This initiative does not respond to an issue or concern raised by the Standing Joint Committee on the Scrutiny of Regulations.
Departmental regulatory stock review plan
This initiative is not associated with Environment and Climate Change Canada’s regulatory stock review plan.
Regulatory cooperation efforts (domestic and international)
This initiative does not require regulatory cooperation efforts.
Potential impacts on Canadians, including businesses
These amendments will allow enforcement officers to achieve higher levels of compliance with federal environmental legislation, and as a result, improve environmental protection in Canada.
Consultations
The Department is targeting publishing the proposed Regulations in the Canada Gazette, Part I, in 2020.
Further information
Additional information may be obtained using the contact below.
ECCC Contact
Sébastien Blouin
Senior Regulatory Analyst
Telephone:819 938 5341
Fax: 819 938 5386
Email: sebastien.blouin@canada.ca
Date the regulatory initiative was first included in the Forward Regulatory Plan
2019-2021 Forward Regulatory Plan Update
Consult Environment and Climate Change Canada’s acts and regulations web page for:
- a list of acts and regulations administered by Environment and Climate Change Canada
- further information on the department’s implementation of government-wide regulatory management initiatives
Consult the following for links to the Cabinet Directive on Regulation and supporting policies and guidance, and for information on government-wide regulatory initiatives implemented by departments across the Government of Canada:
To learn about upcoming or ongoing consultations on proposed federal regulations, visit:
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