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Canadian Environmental


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

2 Environmental Legislation Assessment teams should possess sufficient knowledge of the combination of relevant requirements. Industry Technology Environmental Environmental Science Regulations .

2) • Identification of legal and other requirements (4. 3 Environmental Legislation A few components of an EMS affected by legislation: • Policy (4.2) • Objectives.2) • Records (4.1) • Evaluation of compliance (4.4) . • Operational control (4. targets and programs (4.5.6) • Monitoring (4.

Federal. Licenses. 4 Environmental Legislation • Types of “legal” requirements:  International. and Regional or Municipal Acts and Regulations  Permits. Orders • Types of “other” requirements:  Voluntary or Involuntary Agreements  Industry specific standards (ASTM material)  Membership requirements (ACC’s RC)  Customer requirements (restricted substances) . Provincial. Approvals.

waste management and air emissions) are relatively similar in all the Provincial jurisdictions across Canada.g. 5 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. but details and enforcement vary from one jurisdiction to another .

6 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. waste collection) . sewer use.g. noise.

or approvals . permits. 7 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.

and Good Government • Criminal Law • Sea Coast and Inland Fisheries • Navigation and Shipping • Taxation • Trade and Commerce . Order. 8 Federal Jurisdiction Canadian Federal Government holds jurisdiction over: • Peace.

9 Environmental Legislation Key Federal Legislation: • Canadian Environmental Protection Act • Transportation of Dangerous Goods Act • Fisheries Act • Hazardous Products Act .

asbestos.000) including PCBs. and export of wastes • Controls the life cycle of toxic substances (23. lead. 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 . 10 Canadian Environmental Protection Act (CEPA) • Governs country wide issues including cross-border air pollution. and mercury. ocean dumping. inter-provincial. CFCs.

and receivers for all modes of transport: road. air. and marine • Oversees transport. labeling. rail. and associated training for dangerous goods • Requires all dangerous goods in transport must be accompanied by a shipping document . and placarding etc. 11 Transportation of Dangerous Goods Act • Administered by Transport Canada • Applies to shippers. transporters.

” • A ditch or a drain can be deemed a fish habitat . rearing.. food supply and migration areas. 12 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.

13 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 .

14 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 .

and waste management • Land use and planning . groundwater management. water resources • Wastewater and sewage systems • Hazardous and industrial waste management (sometimes referred to as “Special Wastes”) • Waste minimization. 15 Typical Provincial Regulatory Areas • Water – potable. recycling.

orders. 16 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. and inspections .

and alteration to waterways (Conservation Authorities) • Lawn-watering . construction. 17 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.

ca/othergov/ • Provinces and Territories: http://canada.gc.gc.html (provides links to all government websites) • Mailing Address: Department of Justice Canada 284 Wellington Street Ontario Canada K1A 0H8 . 18 Environmental Legislation Sources of Information • Canada: http://www.

19 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 .