Canadian Environmental

Regulations

Issue 4.2 10/23/08 EMS-042-01-EN-US

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Environmental Legislation
Assessment teams should possess sufficient knowledge
of the combination of relevant requirements.

Industry
Technology

Environmental Environmental
Science Regulations
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Environmental Legislation
A few components of an EMS affected
by legislation:
• Policy (4.2)
• Identification of legal and other requirements (4.3.2)
• Objectives, targets and programs (4.3.3)
• Operational control (4.4.6)
• Monitoring (4.5.1)
• Evaluation of compliance (4.5.2)
• Records (4.5.4)
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Environmental Legislation
• Types of “legal” requirements:
 International, Federal, Provincial, and Regional
or Municipal Acts and Regulations
 Permits, Licenses, Approvals, Orders
• Types of “other” requirements:
 Voluntary or Involuntary Agreements
 Industry specific standards (ASTM material)
 Membership requirements (ACC’s RC)
 Customer requirements (restricted substances)
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Environmental Legislation
• Canada is broken into fourteen jurisdictions:
 1 Federal
 10 Provincial
 3 Territorial
 Each has its own environmental legislation
• Many basic elements of environmental
protection (e.g. waste management and air
emissions) are relatively similar in all the
Provincial jurisdictions across Canada, but
details and enforcement vary from one
jurisdiction to another
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Environmental Legislation
• Provinces have taken the lead in creating
and enforcing environmental legislation
• The Provinces grant authority to the
Municipalities to create specific By-laws
(e.g. sewer use, noise, waste collection)
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Environmental Legislation
Typical Offences:
• Causing pollution with unacceptable impacts
or in excess of specified limits
• Failing to report spills or pollution
• Not cleaning up pollution
• Not complying with Ministry or
Department Orders
• Not obtaining required licenses, permits,
or approvals
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Federal Jurisdiction
Canadian Federal Government holds
jurisdiction over:
• Peace, Order, and Good Government
• Criminal Law
• Sea Coast and Inland Fisheries
• Navigation and Shipping
• Taxation
• Trade and Commerce
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Environmental Legislation
Key Federal Legislation:
• Canadian Environmental Protection Act
• Transportation of Dangerous Goods Act
• Fisheries Act
• Hazardous Products Act
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Canadian Environmental Protection

Act (CEPA)
• Governs country wide issues including
cross-border air pollution, ocean dumping,
inter-provincial, and export of wastes
• Controls the life cycle of toxic substances
(23,000) including PCBs, CFCs, lead, asbestos,
and mercury; notification required if not on list
• The recent amendments to CEPA shifts the
focus to pollution prevention
• Requires pollution prevention plans for
certain facilities
• Includes National Pollutant Release
Inventory (NPRI) reporting
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Transportation of Dangerous
Goods Act
• Administered by Transport Canada
• Applies to shippers, transporters, and
receivers for all modes of transport: road, air,
rail, and marine
• Oversees transport, labeling, and placarding etc.
and associated training for dangerous goods
• Requires all dangerous goods in transport must
be accompanied by a shipping document
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Fisheries Act
• Prohibits any “deleterious substance” that
could harm fish or fish habitat
• Department of Fisheries and Oceans (DFO)
has very broad definition of “Fish Habitat” –
“spawning ground and nursery, rearing, food
supply and migration areas..”
• A ditch or a drain can be deemed a fish habitat
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Hazardous Products Act

• Defines types of controlled products
• Includes requirements for Material Safety
Data Sheets (MSDS) and labels

Note: MSDS contain mostly health and safety information,

but also contain a section regarding safe storage
(risk of spills) and the appropriate means for
clean-up of spills
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Provincial Jurisdiction
Provincial Government holds jurisdiction over:
• Municipal Institutions
• Local Works and Undertakings
• Property and Civil Rights in the Province
• Generally all Matters of a Merely Local or
Private Nature within the Province
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Typical Provincial Regulatory Areas

• Water – potable, groundwater management,
water resources
• Wastewater and sewage systems
• Hazardous and industrial waste
management (sometimes referred to as
“Special Wastes”)
• Waste minimization, recycling, and
waste management
• Land use and planning
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Typical Provincial Regulatory Areas

• Spills (Release of Substances)
• Air pollution and permitting
• Hazardous substances and
materials management
• Conservation and reclamation of
contaminated sites
• Building and fire codes
• Enforcement, orders, and inspections
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Typical Regional / Municipal

Regulatory Areas
• Sanitary sewer effluent
• Storm water sewer effluent
• Noise
• Landfill waste and local
recycling requirements
• Backflow prevention to local water supply
• Fill, construction, and alteration to waterways
(Conservation Authorities)
• Lawn-watering
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Environmental Legislation
Sources of Information
• Canada:
http://www.ec.gc.ca/

• Provinces and Territories:

http://canada.gc.ca/othergov/prov_e.html
(provides links to all government websites)

• Mailing Address:
Department of Justice Canada
284 Wellington Street
Ottawa, Ontario Canada K1A 0H8
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Environmental Legislation Assessing

Legal Elements of an EMS
A few items EMS auditors should review while auditing
an EMS:
• Applicable regulations are identified and accessible
• “Other” requirements are identified and accessible
• Legal requirements are linked to applicable aspects
(ISO 14001: 2004)
• Changes to legal and other requirements
are accessible
• Requirements are considered when setting objectives
and targets
• Systems are in place to achieve compliance
• Systems are in place to evaluate ongoing compliance
with applicable legal and other requirements