The Canadian Environmental
Protection Act, administered by
Environment Canada, concerns various
regulatory matters involving
environmental issues in Canada. The
CEPA is referred to as enabling
legislation in that rules and
regulations can be enacted through
authority granted under this
statute. The Act, enacted in 1988,
was designed to provide a
legislative framework for increasing
standards, to assure citizens of
certain rights concerning the
environment, and to set out minimum
standards for provincial
environmental initiatives. The Act
consolidates various pieces of
federal legislation while addressing
a broad range of environmental
viewpoints involving most toxic
substances used in the marketplace
and their control throughout
specific life cycles, whether in
water, on land, or in the air.
In addition to Environment
Canada, other federal agencies are
involved in the environmental
process through selected statutes,
e.g., Transportation of Dangerous
Goods Act, and the Clean Air Act.
The federal government is also
involved in environmental concerns
through the Fisheries Act. However,
most federal legislation falls under
the CEPA.
Real estate practitioners have
little involvement with federal
agencies as most environmental land
use regulations and activities
concerning hazardous materials are
provincially oriented. One notable
exception involves waterfront
property fronting on canals
administered by Parks Canada (with
input from the appropriate
provincial authority responsible for
fish habitat matters and shoreline
regulations).
Example of
Canadian
Environmental Protection Act
One of the roles of the federal
government in environmental control
is evidenced by action taken under
the Fisheries Act. A Québec chemical
producer was fined $1,000,000 and
ordered to complete $3,000,000 in
conservation work on fish habitats
after pleading guilty to violating
the Act. This manufacturer of
titanium dioxide pigment had dumped
millions of tons of chemicals in the
St. Lawrence River since 1962.
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