Canadian Environmental Protection Act, 1999
The Canadian Environmental Protection Act, 1999 (CEPA) is Canada’s primary federal environmental legislation for preventing and managing risks from toxic substances. The Act provides a framework for the assessment and management of chemical substances, including the categorization of existing substances, the notification and assessment of new substances, and the regulation of toxic substances through pollution prevention plans, environmental emergency plans, and virtual elimination. CEPA also addresses air and water pollution, hazardous waste, marine pollution, and the regulation of biotechnology products. The Act includes the ‘precautionary principle’ as a guiding principle and provides for enforcement through environmental protection compliance orders, investigations, and penalties.
Legal area: Environmental law regulates human activities affecting the environment, including toxic substances, species protection, and pollution prevention.
Year enacted: 1999
Full text: https://laws-lois.justice.gc.ca/eng/acts/C-15.31/
Key Provisions
- Section 2: Precautionary principle (lack of full scientific certainty no reason to postpone measures)
- Part 3: Information gathering and research
- Part 5: Toxic substances (assessment, management, virtual elimination)
- Section 64: Definition of toxic substance (environmental or human health effects)
- Part 7: Air and water pollution (international air pollution, ocean dumping)
- Part 8: Environmental emergencies (prevention and response plans)
- Part 9: Biotechnology (new substances including living organisms)
- Section 272: Offences and penalties (fines up to $1 million per day)
Significance
CEPA is the cornerstone of federal environmental regulation in Canada, governing the assessment and management of over 50,000 chemical substances in commerce. The Act’s Domestic Substances List (DSL) categorizes substances for assessment. CEPA 1999 strengthened the 1988 Act by adding the precautionary principle, environmental emergency planning, and the virtual elimination of persistent, bioaccumulative, and toxic substances. The Act is being substantially amended by Bill S-5 (2023), which recognizes the right to a healthy environment and strengthens chemical management.