Environmental Law

Section 2: Legislation that Protects the Environment


The Canadian Environmental Protection Act , 1999

The major piece of federal environmental legislation to be passed in Canada is the Canadian Environmental Protection Act, 1999 -or, as it's usually called, CEPA 1999.

Canadian Environmental Protection Act (CEPA) uses two approaches: education, encouragement, and the provision of information on the one hand and enforcement by way of monitoring, inspecting, warning, and, finally, prosecution in the courts on the other. Anyone convicted of very serious offenses under CEPA ( Canadian Environmental Protection Act ) can face years of imprisonment and fines of up to $1 million a day. Companies may also be forced to pay for cleaning up any pollution they have caused.


The 1999 statute is designed to prevent pollution from ever happening in the first place. Here are some of the highlights:

  • It gives the government the power to require companies to create and to put into effect plans designed to prevent or minimize pollution.

  • It stipulates the time frame in which companies must act to prevent pollution. They have two years to come up with a plan and 18 months to finalize action.

  • It stipulates that all 23 000 substances known to exist in Canada will be assessed to see how toxic they are.

  • It mandates (insists on) the virtual elimination of the most toxic substances .

  • It increases the opportunity for public involvement by setting up a new CEPA ( Canadian Environmental Protection Act ) Environmental Registry that provides easy access to information. This registry is to be accessible through the Internet. The Act also permits individuals to sue polluters if the government fails to enforce the law.

  • It gives authority to require pollution-prevention plans for Canadian sources for international air and water pollution where no other Canadian government has taken action.

  • It transfers authority to set standards for engine emissions for new motor vehicles from the Motor Vehicle Safety Act to CEPA ( Canadian Environmental Protection Act ).

  • It sets up a new category of officer known as CEPA ( Canadian Environmental Protection Act ) investigators. These officers can investigate suspected pollution offenses and issue orders to stop illegal activity or to take action to protect public safety.

  • It empowers enforcement officers to issue on-the-spot orders to stop violations and prevent pollution.