Environnement et Changement climatique Canada | |
Department overview | |
---|---|
Formed | 1971 |
Type | Department responsible for coordinating environmental policies and programs |
Jurisdiction | Canada |
Employees | ~6800 |
Minister responsible | |
Department executive |
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Child agencies | |
Website | www |
Environment and Climate Change Canada (ECCC; French: Environnement et Changement climatique Canada; formerly Environment Canada (EC); legally incorporated as the Department of the Environment) is the department of the Government of Canada created under the Department of the Environment Act with responsibility for coordinating environmental policies and programs as well as preserving and enhancing the natural environment and renewable resources. The powers, duties and functions of the Minister of the Environment and Climate Change extend to and include matters relating to: "preserve and enhance the quality of the natural environment, including water, air, soil, flora and fauna; conserve Canada's renewable resources; conserve and protect Canada's water resources; forecast daily weather conditions and warnings, and provide detailed meteorological information to all of Canada; enforce rules relating to boundary waters; and coordinate environmental policies and programs for the federal government."
Under the Canadian Environmental Protection Act (CEPA 1999) (R.S., 1999, c. 33), ECCC became the lead federal department to ensure the cleanup of hazardous waste and oil spills for which the government is responsible, and to provide technical assistance to other jurisdictions and the private sector as required. The department is also responsible for international environmental issues (e.g., Canada-USA air issues). CEPA was the central piece of Canada's environmental legislation but was replaced when budget implementation bill (C-38) entered into effect in June 2012.
Under the Constitution of Canada, responsibility for environmental management in Canada is a shared responsibility between the federal government and provincial governments. For example, provincial governments have primary authority for resource management including permitting industrial waste discharges (e.g., to the air). The federal government is responsible for the management of toxic substances in the country (e.g., benzene). The department provides stewardship of the Environmental Choice Program, which provides consumers with an eco-labelling for products manufactured within Canada or services that meet international label standards of (GEN) Global Ecolabelling Network.
The department continues (2005–present) to undergo a structural transformation to centralize authority and decision-making, and to standardize policy implementation.
Hierarchy
- Minister
- Deputy Minister
- Associate Deputy Minister
- Assistant Deputy Minister
- Associate Assistant Deputy Minister
- Director General
- Director
- Managers
- Supervisors
- Staff
- Supervisors
- Managers
- Director
- Director General
- Associate Assistant Deputy Minister
- Assistant Deputy Minister
- Associate Deputy Minister
- Deputy Minister
Division
The department is divided into several geographic regions:
- National Capital
- Atlantic and Quebec Region (Atlantic Canada, Maritimes, Newfoundland and Labrador and Quebec)
- Ontario
- West and North (Yukon, Nunavut, Northwest Territories, British Columbia, and Prairies)
The department has several organizations which carry out specific tasks:
- Enforcement Branch
- Environmental Enforcement
- Wildlife Enforcement
- Environmental Protection Branch
- Canadian Wildlife Service
- Chemical Sectors
- Energy and Transportation
- Environmental Protection Operations
- Legislative and Regulatory Affairs
- Strategic Priorities
- Meteorological Service of Canada (for weather forecasting; climate, air quality and water monitoring)
- Weather and environmental monitoring (Climate Monitoring, Water Survey of Canada)
- Weather and Environmental Operations (Regional Weather Operations)
- Weather and Environmental Prediction and Services (Defence Weather Services, Marine and Ice Services (Canadian Ice Service), National Weather Predictions, Weatheradio Canada, a national system of emergency weather broadcast transmitters)
- Canadian Hurricane Centre
- Science and Technology Branch
- Atmospheric and Climate Science
- Water Science and Technology Directorate (including the National Water Research Institute)
- National Pollutant Release Inventory
- Wildlife and Landscape Science
- Air Quality Mobile Source Emissions Measurement and Research
The Impact Assessment Agency of Canada is an arms-length agency that reports to the Minister of Environment.
Parks Canada, which manages the Canadian National Parks
system, was removed from Environment Canada and became an agency
reporting to the Minister of Heritage in 1998. In 2003, responsibility
for Parks Canada was returned to the Minister of the Environment.
Enforcement
The Enforcement Branch is responsible for ensuring compliance with several federal statutes. The Governor-in-Council appoints enforcement officers and pursuant to section 217(3) of the Canadian Environmental Protection Act, enforcement officers have all the powers of peace officers.
There are two designations of enforcement officers: Environmental
Enforcement and Wildlife Enforcement. The former administers the Canadian Environmental Protection Act and pollution provisions of the Fisheries Act and corresponding regulations. The latter enforces
Migratory Birds Convention Act, Canada Wildlife Act, Species at Risk Act and The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act.
All officers wear dark green uniform with black ties and a badge
(appear on the right). Environmental Enforcement Officers only carry baton and OC spray whereas Wildlife Enforcement Officers are also equipped with firearm.
The Minister may also appoint members of the Royal Canadian Mounted Police, fishery officers, parks officers, customs officers
and conservation officers of provincial and territorial governments as
enforcement officers and to allow them to exercise the powers and
privilege of Environment Canada officers.
On March 4, 2009, a bill to increase the enforcement capabilities of the department was introduced into the House of Commons.
The Environmental Enforcement Bill would increase the fines for
individuals and corporations for serious offenses, give enforcement
officers new powers to investigate cases and grants courts new
sentencing authorities that ensure penalties reflect the seriousness of
the pollution and wildlife offences.
Enforcement of: Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR)
The
Export and Import of Hazardous Waste and Hazardous Recyclable Material
Regulations (EIHWHRMR) operates with a few basic premises, one of which
being that electronic waste
is either "intact" or "not intact". The various annexes define
hazardous waste in Canada, and also deem any waste that is
"...considered or defined as hazardous under the legislation of the
country receiving it and is prohibited by that country from being
imported or conveyed in transit" to be covered under Canadian regulation
and therefore subject to prior informed consent procedures.
The loophole in the regulations that allows tons of e-waste to be
exported from Canada is the use of the definition of "intact" vs
"functional". A non-functioning electronic device that is intact can be
exported under the current legislation. What can't be exported without
prior informed consent is a non-functioning but no longer intact
electronic device (if the component pieces are deemed hazardous). The
principal problem being, the non-functioning but intact electronic
device is at high risk of being disassembled in some far away e-waste
dumping ground. The Canadian government's use of a unique
interpretation of the Basel Convention obligations "intact" and "not
intact" opens the door to uncontrolled e-waste exports as long as the
device is intact. See Canadian fact sheet and associated links.
Since Canada ratified the Basel Convention on August 28, 1992,
and as of August 2011, the Enforcement Branch has initiated 176
investigations for violations under EIHWHRMR, some of which are still in
progress. There have been 19 prosecutions undertaken for
non-compliance with the provisions of the EIHWHRMR some of which are
still before the courts. Electronic waste by country
2012 Budget Bill C-38, the Jobs, Growth and Long-term Prosperity Act
Bill C-38, (June 2012), replaced the Canadian Environmental Assessment Act (CEAA 1992, 1999) with the Canadian Environmental Assessment Act, 2012. The Canadian Environmental Protection Act, Species at Risk Act, The National Energy Board Act, the Canadian Oil and Gas Operations Act, the Nuclear Safety and Control Act, the Fisheries Act (for example, closing the Experimental Lakes Area)
all underwent major changes under Bill-38. By placing the emphasis on
jobs, growth and prosperity significant changes have been made to the
federal environmental assessment regime (EA) and environmental
regulatory framework.
Minister of the Environment and the Kyoto Accord
In December 2011, Minister of the Environment Peter Kent announced Canada's withdrawal from the Kyoto Protocol one day after negotiators from nearly 200 countries meeting in Durban, South Africa at the 2011 United Nations Climate Change Conference
(November 28 – December 11), completed a marathon of climate talks to
establish a new treaty to limit carbon emissions.[1] The Durban talks
were leading to a new binding treaty with targets for all countries to
take effect in 2020.
Kent argued that, "The Kyoto protocol does not cover the world's largest two emitters, the United States
and China, and therefore cannot work." In 2010 Canada, Japan and Russia
said they would not accept new Kyoto commitments. Canada is the only
country to repudiate the Kyoto Accord.
Kent argued that since Canada could not meet targets, it needed to avoid
the $14 billion in penalties for not achieving its goals. This decision drew widespread international response.
States for which the emissions are not covered by the Kyoto Protocol
(the US and China) have the largest emissions, being responsible for 41%
of the Kyoto Protocol. China's emissions increased by over 200% from
1990 to 2009.
Related legislation
The department administers and assists in the administration of
nearly c. 24 acts through regulations and through "voluntary and
regulated agreements with individuals or multiple parties in Canada and
elsewhere to define mutual commitments, roles and responsibilities and
actions on specific environmental issues."
Bill C-38
Bill C-38 (2012)
Canada National Parks Act (S.C. 2000, c. 32)
Canada Water Act
"Recognizing the need for better environmental management, the federal government passed the Canada Water Act
in 1970 and created the Department of the Environment in 1971,
entrusting the Inland Waters Directorate with providing national
leadership for freshwater management. Under the Constitution Act
(1867), the provinces are "owners" of the water resources and have wide
responsibilities in their day-to-day management. The federal government
has certain specific responsibilities relating to water, such as
fisheries and navigation, as well as exercising certain overall
responsibilities such as the conduct of external affairs."
The Canada Water Act (proclaimed on September 30, 1970)
provides the framework for cooperation with provinces and territories in
the conservation, development, and utilization of Canada's water
resources. The Canadian Environmental Protection Act, 1999,
completes the framework for the protection and of water resources.
Environment and Climate Change Canada is the federal department in
charge of conserving and protecting Canada's water resources. The Water Act
(2000), a federal legislation, "supports and promotes the conservation
and management of water, including the wise allocation and use of
water.". The provinces are responsible for administering the Water Act(2000). In Alberta for example, Alberta Environment and Water is responsible for administering the Water Act (2000) and the Environmental Protection and Enhancement Act (2000). Provinces environmental ministries primarily lead Water for Life
(2003) programs. Provinces also implement and oversee "regulation of
municipal drinking water, wastewater, and storm drainage systems."
Canada Wildlife Act
Canada Wildlife Act (R.S.C., 1985, c. W-9) Amended in June 2012 by Bill C-38
'allows for the creation, management and protection of wildlife areas'
to preserve habitats, particularly for at risk species and requires
permits for specified activities in designated wildlife areas.
Impact Assessment Act (2019)
The Environmental Protection and Enhancement Act
(2000) "supports and promotes the protection, enhancement, and wise use
of the environment. The Act's individual regulations cover a wide
range of activities, from beverage container recycling and pesticide
sales, potable water, to wastewater and storm drainage."
Canadian Environmental Protection Act (1999)
Department of the Environment Act
Environment Week Act, Canadian
Fisheries Act (pollution prevention into fish bearing waters) (R.S., 1985, c. F-14)
Federal legislation such as the Fisheries Act (1985) have relevance for water management in the provinces.
International Boundary Waters Treaty Act (R.S., 1985, c. I-17)
International River Improvements Act
Lac Seul Conservation Act
Lake of the Woods Control Board Act
Manganese-Based Fuel Additives Act
Migratory Birds Convention Act
Federal legislation such as the Migratory Birds Convention Act (2000) also have relevance for water management in the provinces.
National Wildlife Week Act
Resources and Technical Surveys Act (R.S., 1985, c. R-7)
Species at Risk Act (2002)
Weather Modification Information Act
Weather Modification Information Act
Wild Animal and Plant Protection and Regulation of International and Inter-provincial Trade Act
Wild Animal and Plant Protection and Regulation of International and Inter-provincial Trade Act
Aerospace Fleet
Until
2010 the department operated several different aircraft for their
environmental studies. Although the department does not have a current
fleet of aircraft it contracts other branches of the government to
provide airborne research facilities.
Former Fleet:
- Convair 580 C-GRSC
- Douglas C-47
- Dassault Falcon 20 Mystere C-GRSD