Please take note of the recent publication of the proposed Regulations Amending Certain Regulations Made under Section 140, 209 and 286.1 of the Canadian Environmental Protection Act, 1999 in the Canada Gazette, Part I.

Notice of the publication of the proposed Regulations Amending Certain Regulations Made Under Sections 140, 209 and 286.1 of the Canadian Environmental Protection Act, 1999 in the Canada Gazette, Part I

Notice is given that the Governor in Council, pursuant to sections 140, 209 and 286.1 of the Canadian Environmental Protection Act, 1999, proposesto make the Regulations Amending Certain Regulations Made Under Sections 140, 209 and 286.1 of the Canadian Environmental Protection Act, 1999.  The proposed regulations were published in the Canada Gazette, Part I on May 21, 2016 and are available at: http://www.gazette.gc.ca/rp-pr/p1/2016/2016-05-21/html/reg1-eng.body.html.

In particular, the proposed regulations would amend the Regulations Designating Regulatory Provisions for Purposes of Enforcement (Canadian Environmental Protection Act, 1999) (Designation Regulations) (http://www.ec.gc.ca/lcpe-cepa/eng/regulations/detailReg.cfm?intReg=206). Item 17 of the Schedule of the Designation Regulations would be repealed to reflect the replacement of the Prohibition of Certain Toxic Substances Regulations, 2005 withthe Prohibition of Certain Toxic Substances Regulations, 2012 (PCTSR, 2012). In addition, subsections 4(1) and 6(1) of the PCTSR, 2012 would be added to the Schedule of the Designation Regulations.

The Designation Regulations complete the application of the new fine regime under the Canadian Environmental Protection Act, 1999 introduced by the Environmental Enforcement Act (https://www.ec.gc.ca/alef-ewe/default.asp?lang=En&n=2AAFD90B-1). Under the regime, which came into force in June 2012, designated offences involving direct harm or risk of harm to the environment, or obstruction of authority, are subject to an increased fine range. 

The publication of the proposed regulations in the Canada Gazette, Part I initiates a 75-day public comment period. Interested persons may make comments with respect to the proposed regulations, including assumptions on the impact of administrative costs, within 75 days after the date of publication of the notice in the Canada Gazette. All comments must cite the Canada Gazette, Part I, and the date of publication, and be addressed to Stewart Lindale, Director, Regulatory Innovation and Management Systems, Legislative and Regulatory Affairs Directorate, Environment and Climate Change Canada, 351 Saint-Joseph Boulevard, Gatineau, Quebec, K1A 0H3 (email).