Environment and Climate Change Canada s Enforcement Program Canadian Network for Human Health and the Environment, March 30, 2016 John Sencaj Operations Manager & INTERPOL Liaison Environmental Enforcement Directorate
Overview ECCC s Enforcement Branch Principal Activities A day in the life of an enforcement officer Responses to Alleged Violations Page 2 4 avril 2016
ECCC s Enforcement Branch Enforcement Branch (EB) counts 400 staff, including ~260 badged enforcement officers across every province and territory Officers have the powers and protections of peace officers for the purpose of enforcing Environment and Climate Change Canada s laws and regulations Snapshot of enforcement activities in 2014/15: Total inspections: 15,695 Total investigations: 1,054 Total enforcement actions: 6,802 Total active prosecutions: 117 Page 3 4 avril 2016
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ECCC s Enforcement Responsibilities Acts and their Regulations Canadian Environmental Protection Act, 1999 (CMP) Fisheries Act Pollution Prevention Provisions (ss. 36(3) to (6)) Canada Wildlife Act Migratory Birds Convention Act, 1994 Wild Animal and Plant Protection and Regulation of Interprovincial and International Trade Act (WAPPRIITA) Species at Risk Act Antarctic Environmental Protection Act Other Compliance Instruments Pollution Prevention Notices (CMP) Significant New Activity (SNAc) Notices (CMP) Ministerial Conditions Codes of Practice/Guidelines Performance Agreements Page 5 4 avril 2016
Our Partners Federal Partners (e.g. DFO, HC, CBSA, RCMP, Parks Canada, NCC, DND) Provincial & Territorial Counterparts US EPA US Fish & Wildlife Service The Commission for Environmental Cooperation s Enforcement Working Group (EWG) INTERPOL s Environmental Security Sub-Directorate Page 6 4 avril 2016
Principal Activities Intelligence Analysing compliance activities and emerging non-compliance issues within regulated sectors Producing value-added intelligence products to support decisionmaking at all levels Inspections Verifying compliance with the Acts and the regulations Investigations Gathering evidence to support or refute a suspected violation Page 7 4 avril 2016
Planned vs. Reactive Inspections Planned inspections result from the risk-based enforcement planning process, which establishes national and regional priorities and projects Reactive inspections include: Responses to complaints Incidents such as pipeline breaks, train derailments, and other spills into or near water frequented by fish or migratory bird habitat Other deposits self-reported by industry as required by various acts and regulations Referrals from partners or from within EC (CMP) Imports of regulated products or substances Page 8 4 avril 2016
Examples of CMP Regulations 2-Butoxyethanol Regulations Chromium Electroplating, Chromium Anodizing and Reverse Etching Regulations New Substances Notification Regulations (Chemicals Polymers, and Organisms) PCB Regulations Perfluorooctane Sulfonate and its Salts and Certain Other Compounds Regulations Concentration of Phosphorus in Certain Cleaning Products Regulations Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations Proposed Regulations for Microbeads in Personal Care Products Used to Exfoliate or Cleanse Page 9 4 avril 2016
CMP Other Instruments Pollution Prevention Planning (P2 Planning) notices e.g. Bisphenol A, Dental Amalgam Waste, Hydrazine (proposed) Significant New Activity Notices (Chemicals and Polymers) Sections 85 and 106(3) CEPA CEPA Section 71 Notices e.g. microbeads in certain personal care applications Codes of Practice e.g. Code of Practice for 2-Butanone, oxime (Butanone oxime) Associated with the Interior Application of Consumer Alkyd Paint and Coating Products Page 10 4 avril 2016
A day in the life of an enforcement officer Page 11 4 avril 2016
Off-site inspections Page 12 4 avril 2016
On-site inspections Page 13 4 avril 2016
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Responses to Alleged Violations Actions Warnings Tickets (some provinces) Acts All Acts CEPA, CWA, MBCA 1994, WAPPRIITA Directions Seizures Ministerial Orders Prohibition orders involving new substances CEPA, FA, WAPPRIITA All Acts CEPA, FA, SARA CEPA Recall orders for toxic substances or animate products of biotechnology CEPA Detention orders for ships AEPA, CEPA, MBCA 1994 Compliance Order AEPA, CWA, CEPA, MBCA 1994, CWA Injunctions Laying of Charges Removal Notices Page 21 4 avril 2016 AEPA, CEPA, FA All Acts WAPPRIITA
Compliance and Enforcement Policies ECCC s enforcement officers are guided by compliance and enforcement policies, which are public documents that establish an overall framework for compliance and enforcement of the acts under ECCC s mandate: Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999 Compliance and Enforcement Policy for the Habitat Protection and Pollution Prevention Provisions of the Fisheries Act Compliance and Enforcement Policy for Wildlife Legislation Page 22 4 avril 2016
Compliance and Enforcement Policies Officers consider the following policy criteria when choosing the appropriate response: The nature of the alleged violation The effectiveness of the measure in achieving the desired result Consistency in enforcement Page 23 4 avril 2016
Recent Prosecutions City of Red Deer Fined $50,000 for Release of PCB Contaminated Oil The City of Red Deer was ordered to pay $50,000 to the Environmental Damages Fund (EDF) in Alberta Provincial Court after pleading guilty to one count under the Canadian Environmental Protection Act, 1999 (CEPA). This relates to the release of approximately 160 litres of Polychlorinated biphenyl (PCB) contaminated oil from a metal drum located at a City of Red Deer electrical substation. The release was discovered in October of 2010 Page 24 4 avril 2016
Recent Prosecutions First-ever imprisonment for dry cleaner under tetrachloroethylene regulations Ali Eldin, owner of Edmonton, Alberta, dry-cleaning facilities First Class Cleaners and Todd Cleaners, pleaded guilty on February 23, 2016, in Alberta Provincial Court, to offences in contravention of the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) Regulations of the Canadian Environmental Protection Act, 1999 (CEPA) Page 25 4 avril 2016
Questions? Page 26 4 avril 2016