Inventory of Federal Environmental Legislation

Transcription

1 Inventory of Federal Environmental Legislation Overview I. Acts Administered by the Minister of the Environment: Canada Water Act Canada Wildlife Act Canadian Environmental Protection Act (1999) Department of the Environment Act Environment Week Act, Canadian International River Improvements Act Lac Seul Conservation Act Lake of the Woods Control Board Act Manganese-Based Fuel Additives Act Migratory Birds Convention Act National Wildlife Week Act Weather Modification Information Act Wild Animal and Plant Protection and Regulation of International and Inter-provincial Trade Act II. Acts Administered in Whole by the Minister of the Environment: Canadian Environmental Assessment Act III. Acts Administered In Part by the Minister of the Environment: Auditor General Act Energy Supplies Emergency Act Fisheries Act James Bay and Northern Québec Native Claims Settlement Act Motor Vehicle Safety Act Resources and Technical Surveys Act IV. Acts Administered By Others With Environment Canada Assistance: Arctic Waters Pollution Prevention Act Atomic Energy Control Act Canada Agricultural Products Act Canada Shipping Act - Part (XV) Canada-Chile Free Trade Agreement Implementation Act Canada-Newfoundland Atlantic Accord Implementation Act Canada-Nova Scotia Offshore Petroleum Resources Accord Implementation Act Emergency Preparedness Act Hazardous Products Act International Boundary Waters Treaty Act North American Free Trade Agreement Implementation Act Pest Control Products Act Transportation of Dangerous Goods Act V. Other Related Acts And Regulations: Agricultural and Rural Development Act Alternative Fuels Act Canada Marine Act Canada Oil and Gas Operations Act Canada Petroleum Resources Act Canadian Transportation Accident Investigation and Safety Board Act

2 Food and Drugs Act Mackenzie Valley Resource Management Act National Energy Board Act National Round Table on the Environment and the Economy Act Northern Pipeline Act Oceans Act Selected Descriptions I. Acts Administered by the Minister of the Environment: Canada Water Act Part I Comprehensive Water Resource Management Part I of the Canada Water Act enables the Minister of the Environment, with Governor in Council approval, to establish consultative arrangements with provinces on water resource matters, and to conclude federal-provincial water resource agreements for planning and implementation programs in any waters where there is a significant national interest in water resource management. It also permits the Minister, directly or in co-operation with any provincial government, institution, or person, to establish an inventory of those waters, collect data, and conduct research associated with water resources. Part II - Water Quality Management Part II enables the Minister, with Governor in Council approval, to conclude agreements with provinces for the joint designation of water quality management areas for federal waters for any other waters where water quality management has become a matter of urgent national concern. Part III - Nutrients Part III, which provides for regulating the concentration of nutrients in cleaning agents and water conditioners, was incorporated into the Canadian Environmental Protection Act (CEPA) by proclamation on June 30, Part IV - General Part IV contains provisions on general administration and enforcement, and allows the Minister to establish advisory committees and undertake public information programs. An annual report to Parliament on activities under the Act is also required. Canada Wildlife Act The Canada Wildlife Act provides the authority for the acquisition of lands by the Minister of the Environment for the purposes of wildlife research, conservation, and interpretation. The Act also provides for the establishment of protected marine areas. The Minister may enter into an agreement with any province for wildlife research, conservation, and interpretation, including measures to protect any wildlife in danger of extinction. National Wildlife Areas are created and managed pursuant to regulations made under this act. Designation as a National Wildlife Area helps ensure that lands of national importance are protected. Canadian Environmental Protection Act (1999) The goal of the renewed Canadian Environmental Protection Act (CEPA) is to contribute to sustainable development through pollution prevention and to protect the environment, human life and health from the risks associated with toxic substances. CEPA also recognises the contribution of pollution prevention and the management and control of toxic substances and hazardous waste to reducing threats to Canada's ecosystems and biological diversity. It acknowledges for the first time the need to virtually eliminate the most persistent toxic substances that remain the environment for extended periods of time before breaking down and bioaccumulative toxic substances that accumulate within living organisms. Health

3 Canada works in partnership with Environment Canada to assess potentially toxic substances and to develop regulations to control toxic substances. Some of the highlights of the new act include: Part 1: Administration (Sections 6-10) creates a framework for co-operation and co-ordination between federal, provincial, and aboriginal governments Part 2: Public Participation (Sections 11-42) establishes a public registry that improves the publics access to environmental information gives citizens the right to sue where a CEPA violation results in significant harm to the environment, and the federal government fails to take appropriate action provides expanded "whistle blower" protection Part 3: Information Gathering, Objectives, Guidelines and Codes of Practice (Sections 43-55) monitor environmental quality and periodically report on the State of the Environment Part 4: Pollution Prevention (Sections 56-63) gives parties an opportunity to prepare and implement self -directed site specific solutions for toxic pollution prevention Part 5: Controlling Toxic Substances (Sections ) establishes a firm time frame for a response and follow up action requires all substances on the Domestic Substances List to be categorised and screened for potential risks to human health, life and the environment sets a new goal of virtual elimination of persistent, bioaccumulating, toxic substances Part 6: Animate Products of Biotechnology (Sections ) outlines the requirements for the assessment and introduction of living organisms that are the products of biotechnology Note: non-living products of biotechnology (enzymes) biochemical products and biopolymers are covered under part 5 Part 7: Controlling Pollution and Managing Wastes Division 1: Nutrients (Sections ) Division 2: Protection of Marine Environment from Land-based Sources of Pollution (Sections ) Division 3: Disposal at Sea (Sections ) Division 4: Fuels (Sections ) - National fuel mark system Division 5: Vehicle Engine and Equipment Emissions (Sections ) - transfers legislative authority from the Motor Vehicle Safety Act to CEPA. Generally speaking air, rail and marine engines are covered by the Aeronautics Act (R.S.C 1985, c. A-2),the Canada Transportation Act (S.C. 1996, c. 10) and the Canada Shipping Act (R.S.C. 1985, c. S-9) Division 6: International Air Pollution (Sections ) Division 7: International Water Pollution (Sections ) Division 8: Control of the Movement of Hazardous Waste and Recyclable Material and Prescribed Non-Hazardous Waste for Final Disposal (Sections ) Part 8: Environmental Matters related to Emergencies (Section ) - e.g. spills, explosions and leaks gives Environment Canada new regulatory powers lead to establishing a national system of notification and reporting may develop guidelines and codes of practise and require environmental emergency plans Part 9: Government Operations - Federal and Aboriginal Lands (Section ) gives Environment Canada the responsibility of getting the Federal house in order will attempt close any regulatory gap between federal and provincial requirements by ensuring that federal operations, and works and undertakings on federal lands meet or exceed equivalent provincial provisions for emissions, effluents, waste handling and disposal, and environmental emergencies Part 10 Enforcement (Sections ) - includes inspections and monitoring to verify compliance and investigation of suspected violations creates a new category of "enforcement" officer with expanded powers

4 authorises enforcement officers to issue environmental protection compliance orders on the spot to stop illegal activity and to correct violations gives the option of negotiating environmental protection alternatives measures rather than going to trial Part 11 Miscellaneous Matters (Sections ) provides economic instruments such as deposit-refund schemes and tradable units Part 12 Consequential Amendments, Repeal, Transitional Provision and Coming Into Force (Sections ) Schedule 1: Toxic Substances Schedule 2: Equivalent Acts and Regulations Schedule 3, Part 1: Prohibited Substances Schedule 3, Part 2: Substances Requiring Export Notice Schedule 3, Part 3: Restricted Substances Schedule 4: Equivalent Acts and Regulations Schedule 5: Waste or Other Matter Schedule 6: Assessment of Waste or Other Matter Department of the Environment Act The Department of the Environment Act establishes the Minister's responsibilities for all matters relating to the preservation and enhancement of the quality of the natural environment, including water, air and soil quality; renewable resources, including migratory birds and other non-domestic flora and fauna; water; meteorology; the enforcement of rules and regulations arising from the advice of the International Joint Commission relating to boundary waters and questions arising between the United States and Canada in so far as they relate to the preservation and enhancement of environmental quality. Environment Week Act, Canadian The Canadian Environment Week Act specifies that throughout Canada, every year, the week that includes June 5 shall be kept and observed as Canadian Environment Week. International River Improvements Act The International River Improvements Act prohibits the construction, operation or maintenance of certain international river improvements without a valid license. The Act defines an "international river improvement" as a dam, obstruction, canal, reservoir or other work the purpose of effect of which is to increase, decrease or alter the natural flow of water or affect its actual or potential use outside Canada. It applies to waters which flow across the international boundary from Canada into the United States. The Act does not apply to projects constructed under authority of an Act of the Parliament of Canada, situated on boundary waters as defined in the Canada-United States Boundary Waters Treaty (1909), or constructed or operated solely for domestic, sanitary or irrigation purposes or other similar consumptive uses. The Minister of the Environment reports annually to Parliament on operations under the Act. Manganese-Based Fuel Additives Act The Manganese-Based Fuel Additives Act regulates the control and use, interprovincial trade, and importation of manganese-based fuel additives in unleaded gasoline. The Minister may compel individuals to provide information and samples that specifies the quantities, intended uses, and composition of the manganese-based substances in their possession. Weather Modification Information Act The Weather Modification Information Act requires that any person proposing to engage in weather modification activities in Canada inform the Atmospheric Environment Service in advance, provide full details on those activities, maintain a daily record, and submit reports to the administrator of the Act. II. Acts Administered in Whole by the Minister of the Environment: Canadian Environmental Assessment Act

5 The Canadian Environmental Assessment Act is administered by the Canadian Environmental Assessment Agency (CEAA.) The CEAA is an independent agency that reports directly to the Minister. The Act requires federal departments, including Environment Canada, agencies, and crown corporations to conduct environmental assessments for proposed projects where the federal government is the proponent. It also requires environmental assessments when the project involves federal funding, permit or license. A review of the first five years of operation of the Act is currently underway. III. Acts Administered In Part by the Minister of the Environment: Auditor General Act The role of the Commissioner of the Environment and Sustainable Development is to assist Parliament in its oversight of the federal government's efforts to protect the environment and foster sustainable development, by providing parliamentarians with objective, independent analysis and recommendations. The Commissioner also assists the Auditor General in the performance of his duties by Monitoring Departmental Sustainable Development Strategies Assisting in Audits and Special Studies of Government Activities Responding to Public Petitions Undertaking Studies of special interest to Parliament. Making the government accountable for greening its policies, operations and programs is a key part of the Commissioner's mandate. The Commissioner monitors and reports annually to the House of Commons on the federal governments progress toward sustainable development. Twenty-four federal departments and agencies have been required to prepare sustainable development strategies, and four other organisations have volunteered to prepare strategies (e.g. Canadian Environmental Assessment Agency.) The Commissioner is responsible for monitoring the extent to which departments have implemented the action plans and met the objectives outlined in their strategies. In accordance with ss 24.(5) of the Act, the Governor in Council may, on the recommendation of the Minister of the Environment, make regulations prescribing the form in which sustainable development strategies are to be prepared and the information to be contained in them. Traditionally the Office of the Auditor General has conducted value-for-money audits that look at economy, efficiency and effectiveness of government activities - known as the three "Es". With the amendments to the Auditor General Act, "environment" formally becomes the fourth "E". The Auditor General must now take all four elements into consideration when deciding what to report to the House of Commons. The amended Auditor General's Act also provides a formal vehicle for the public to express their concern about environment and sustainable development issues to federal departments. Energy Supplies Emergency Act The Energy Supplies Emergency Act, administered by Natural Resources Canada, establishes the Energy Supplies Allocation Board and empowers it to take various steps to conserve and allocate supplies of petroleum products during periods of national emergency caused by shortages or market disturbances affecting national security and welfare, and the economic stability of Canada. The Board may make regulations authorising it to issue permits to relax federal laws which regulate or prohibit the emission of sulphur compounds into the atmosphere. Before issuing permits to relax air standards, the Board must consult the Minister of Environment Canada and hold public hearings. Fisheries Act The federal Minister of Fisheries and Oceans has the legislative responsibility for the administration and enforcement of the Fisheries Act. The Minister reports annually to Parliament on the administration and enforcement of the fish habitat protection and pollution prevention provisions of the Act. However, in 1978, the Prime Minister assigned to the Minister of the Environment responsibility for administration and enforcement of subsection 36(3) (formerly subsection 33(2)) of the Fisheries Act, which deals with the deposit of deleterious substances into water frequented by fish. Then, in 1985, in order to help ensure coordination, a Memorandum of Understanding between the Department of Fisheries and Oceans (DFO)

6 and Environment Canada(EC) was signed, outlining the responsibilities of both departments for the administration and enforcement of the pollution prevention provisions of the Fisheries Act. James Bay and Northern Québec Native Claims Settlement Act Environment Canada and the Canadian Environmental Assessment Agency participate in the implementation of the environmental and social protection regime of the James Bay and Northern Québec Native Claims Settlement Act (JBNQA) (section 22). The department and the Agency have absorbed the costs associated with fulfilling such roles as: i. the President of the Canadian Environmental Assessment Agency serving as the federal administrator for section 22 (and section 23 for the Inuit); ii. providing secretariat support for two EA review committees under s. 22; iii. appointing two (2) members to the James Bay Advisory Committee on the Environment; and iv. providing technical and scientific advice on environmental assessments of projects such as the Great Whale hydroelectric project. Motor Vehicle Safety Act CEPA 1999 transferred responsibility for regulating vehicle emissions from Transport Canada under the Motor Vehicle Safety Act to Environment Canada under CEPA. This power is now found in Part 7, Division 5, of CEPA The Regulations that were passed under the Motor Vehicle Safety Act that control vehicle emissions remain in effect under CEPA The provisions in CEPA 1999, Part 7, Division 5, governing motor vehicle emissions are consistent with the repealed provisions of the Motor Vehicle Safety Act. The federal Interpretation Act provides that where provisions under one Act are repealed, and are replaced by provisions under a new law, regulations made under those repealed provisions remain in effect as long as they are consistent with the new law. therefore, the parts of the Motor Vehicle Safety Regulations that establish standards for automobile emissions remain in force until new regulations made under s.160 of CEPA 1999 replace them. To examine The Regulations in force that apply to motor vehicle emissions, go to the Motor Vehicle Safety Regulations. the relevant clauses of those regulations are s.5 and s.11(1)(f.1). Schedule V of The Regulations sets out the full requirements. the provisions of CEPA 1999, Part 7, Division 5, also allow for regulations to be made for off-road engines and equipment. To date, no regulations have been passed in these areas. Resources and Technical Surveys Act The Resources and Technical Survey Act authorises the collection and publication of maps, statistics and other information about Canada s energy, mines and minerals, water and other resources. Technical surveys include geological, geophysical, geochemical, geographical, geodetic, topographical, hydrographic, hydrogeological, geotechnical, oceanographic, meteorological and other similar surveys. The Act is administered by Natural Resources Canada, Fisheries and Oceans Canada, and Environment Canada. IV. Acts Administered By Others With Environment Canada Assistance: Arctic Waters Pollution Prevention Act This Act, jointly administered by Transport Canada (shipping) and Indian Affairs and Northern Development (inshore) was introduced to prevent pollution of waters adjacent to the mainland and islands of the Canadian arctic. It recognised that the exploitation and shipment of arctic natural resources to the markets of the world could potentially threaten the welfare of the Inuit and other inhabitants of the Canadian arctic and the delicate ecological balance that now exists in the water, ice and land areas of the Canadian arctic. Environment Canada may be called upon to assist in assessment and enforcement activities related to the disposal of waste onshore and at sea in arctic waters. Atomic Energy Control Act The Atomic Energy Control Act makes provision for the control and supervision of the development, application and use of atomic energy and for Canada's effective participation in measures of international control of atomic energy. The Act establishes the Atomic Energy Control Board, which consists of the President of the National Research Council of Canada and four other members appointed by the

7 Governor in Council. By virtue of a Memorandum of Understanding (MOU), Environment Canada may be called upon to provide advice to the Atomic Energy Control Board as required. Any license issued to operate a facility may contain such conditions as the Board deems necessary in the interests of health, safety and protection of the environment, as well prescribe measures to be taken regarding disposal of radioactive or other hazardous material, and the maximum quantity and concentration of radioactive or other hazardous material that may be discharged. Canada Agricultural Products Act The Canada Agricultural Products Act is administered by a Board of Arbitration, whose members are appointed by the Minister, and a Review Tribunal, appointed by the Governor in Council, knowledgeable about or having experience related to agriculture or agri-food business. This Act regulates: the marketing of agricultural products; the import export and interprovincial trade in agricultural products; and provide a national system for inspection and grading of agricultural products. A variety of agricultural food product regulations include provisions that define contaminated products as containing chemicals, additives, heavy metals, industrial pollutants, ingredients, toxins or any other substance not permitted by, or in an amount in excess of limits prescribed under the Canadian Environmental Protection Act. They also require that contaminated food products be destroyed or disposed in a way that does not harm the environment Canada Shipping Act - Part (XV) The Canada Shipping Act (Part XV), administered by Transport Canada, provides for the Governor in Council to make regulations with respect to prohibiting the discharge from ships of pollutants and prescribing substances and classes of substances that are pollutants. Under subsection 656(2) a pollutant can only be discharged from a ship in accordance with a permit issued under CEPA. See Division 3 Part 7 of CEPA Emergency Preparedness Act The Emergency Preparedness Act provides for advancing civil preparedness in Canada for emergencies of all types, including war and other armed conflict, by facilitating and co-ordinating, among and in cooperation with provincial governments, foreign governments and international organisations, the development of civil emergency plans. In the context of this legislation every Minister is responsible for identifying civil emergency contingencies within or related to the Minister's area of accountability. The Minister of Environment is responsible for developing and maintaining emergency plans covering for example: a. the identification, assessment, and mitigation of environmental hazards and their associated risks; and b. conducting observations and forecasts and providing timely warnings with respect to weather, ice sea-state and other physical phenomena The Governor in Council may, on the recommendation of the Minister, make orders or regulations respecting the development of civil emergency plans; the use of federal civil resources in response to civil emergencies; declaring a provincial emergency to be of concern to the federal government; and authorising the provision of assistance, including financial assistance, to a province when a provincial emergency in the province has been declared to be of concern to the federal government and the province has requested assistance. Hazardous Products Act The Hazardous Products Act, administered by the Minister of Health prohibits the advertising, sale, and importation of hazardous products. The Act provides for the Governor in Council to make orders and regulations to authorise the advertising, sales or importation of any restricted product and prescribe the circumstances and conditions under which the restricted product may be advertised, sold or imported. The Act contains the Workplace Hazardous Materials Information System (WHMIS) provisions. North American Free Trade Agreement Implementation Act The North American Free Trade Agreement Implementation Act undertakes the implementation of NAFTA s aims in a manner that is consistent with protection of the environment and promotion of sustainable development, and that will strengthen the development and enforcement of environmental

8 laws and regulations. The Minister of Environment contributes to working of the tri-national Commission on Environmental Co-operation. Pest Control Products Act The Pest Control Products Act (PMRA), regulate products used for the control of pests and the organic functions of plants and animals. The Act is administered by the Pest Management Regulatory Agency which reports to the Minister of Health. The agency maintains a system for the registration of pesticide products. Export of pesticide products from Canada and movement of products between provinces is prohibited unless the manufacturing establishment is licensed and complies with prescribed conditions. There is also a general prohibition against manufacture, storage, display, distribution or use of pest control products under unsafe conditions. Transportation of Dangerous Goods Act The Transportation of Dangerous Goods Act, administered by Transport Canada, applies to all handling, offering for transport, and transporting of dangerous goods including hazardous wastes, by any means of transport, whether or not the goods originate from or are destined for any place or places in Canada. The Act does not apply to any transporting of oil or gas by pipeline that is governed by the National Energy Board Act or by the Oil and Gas Production and Conservation Act, nor to the transporting of dangerous goods in bulk in vessels within the meaning of the Canada Shipping Act. Under a 1986 Memorandum of Understanding (MOU), about the Transport of Dangerous Goods Programme, Environment Canada agreed to conduct inspections to determine compliance with the hazardous waste portion of the regulations and to process notices for the export and import of hazardous wastes. V. Other Related Acts And Regulations: Agricultural and Rural Development Act The Agricultural and Rural Development Act is administered by Industry Canada and provides for federalprovincial agreements ( section 3(b)I) to develop and conserve water supplies for agricultural and other rural development purposes. Alternative Fuels Act The Alternative Fuels Act calls for the Federal government to take the lead by progressively converting its motor vehicle fleet to alternative fuels to reduce the emissions of greenhouse gases and other pollutants. By April 1, 2004 and thereafter, where it is cost effective and operationally feasible, seventy-five per cent of motor vehicles operated by all federal departments and agencies will be operating on alternative fuels. Canada Marine Act The Canada Marine Act s objective is to implement National Marine Policy, to attend to matters related to maritime trade and transport, to establish Port Authorities and to divest the federal government certain harbours and ports, to provide a high level of safety and environmental protection, to ensure that services are available at a reasonable cost, and to respond to local development priorities. Canada Oil and Gas Operations Act The Canada Oil and Gas Operations Act promotes safety, environmental protection, conservation of oil and gas resources, and joint production arrangements. The act is jointly administered by the Minister of Natural Resources and Indian Affairs and Northern Development. It applies to the Yukon and Northwest Territories or Sable Island, and specified submarine areas (inland waters not within a province, territorial seas and the continental shelf of Canada.) The National Energy Board may designate a Chief Safety Officer and a Chief Conservation Officer. Canada Petroleum Resources Act The Canadian Petroleum Resources Act states that the Governor in Council may, by order, stop petroleum resource activities on frontier lands due to environmental concerns. Also, every proprietor with petroleum interests in frontier lands must pay into an environmental studies research fund on a per hectare basis.

9 Canadian Transportation Accident Investigation and Safety Board Act The Canadian Transportation Accident Investigation and Safety Board Act establishes a Board, consisting of not more than five members appointed by the Governor in Council. It defines where the Act applies (in and over Canada, elsewhere under specified circumstances, and including the continental shelf), and to what sort of occurrences (including marine, pipeline, and railway). The Act is subject to such restrictions in the interests of national security as are provided by the National Defence Act. The boards powers extend to the protection of the environment. Food and Drugs Act This Act applies to all food, drugs, cosmetics and medical devices sold in Canada, whether manufactured in Canada or imported. The Act and Regulations specify safety, compositional, nutritional and labelling requirements for food. New drugs cannot be marketed in Canada without a Notice of Compliance (NOC) from Health Canada verifying that the manufacture and sale of the new drug is in compliance with Food and Drugs Act Regulations. Medical devices, cosmetics and "old" drugs must also meet departmental safety standards. Parts III and IV of this Act provide for regulations governing the sale of restricted and controlled drugs. CEPA, 1999 Section 347 amended Subsection 30(1) of the Food and Drugs Act by adding the following after paragraph (l): (l.1) respecting the assessment of the effect on the environment or on human life and health of the release into the environment of any food, drug, cosmetic or device, and the measures to take before importing or selling any such food, drug, cosmetic or device; National Energy Board Act The National Energy Board Act requires the Board to review applications for licenses to export or import petroleum, natural gas, or electricity and for certificates of public convenience and necessity to construct pipelines or international power lines. Licenses or certificates may be made subject to terms or conditions designed to protect and preserve the quality of air and water resources in the construction, operation and abandonment of pipelines and international power lines. The board could deny a permit or certificate on the grounds of the likelihood of significant air or water quality damage. The National Energy Boards Regulations and Rules of Practices and Procedures require applicants to submit an assessment of the probable environmental impact of the facility, including a description of the existing environment and a statement of the measures proposed to mitigate the impact. The Gas Pipeline Regulations set out design criteria and conservation and pollution control requirements that must be followed by pipeline companies. National Round Table on the Environment and the Economy Act Pursuant to the National Round Table on the Environment and the Economy Act, the National Round Table on the Environment and the Economy (NRTEE) is undertaking research and gathering information and analyses on critical issues of sustainable development; advising governments on ways of integrating environmental and economic considerations into their decision-making processes and on global issues of sustainable development; advising those sectors and regions on ways of incorporating principles and practices of sustainable development into their activities; promoting the understanding and increasing public awareness of the cultural, social, economic and policy changes required to attain sustainable development; and facilitating and assisting co-operative efforts in Canada to overcome barriers to the attainment of sustainable development. The Round Table includes environment, resource and economic development ministers which make recommendations directly to the first minister of each respective jurisdiction. Northern Pipeline Act The Agency's mandate is to regulate the project and streamline and expedite the review and approval process. It is also responsible for ensuring the pipeline system yields the maximum economic and social benefits for Canada with the least amount of social and environmental disruption, particularly to first nations communities. The Agency is designated as a single window between the Foothills Group of Companies, and federal authorities, provincial and territorial governments, and the Government of the United States. Many regulatory powers of other federal departments and agencies related to this pipeline construction project have been delegated to the Agency

10 The Northern Pipeline Act requires that the adverse social and environmental effects of the construction and operation of the Foothills' pipeline be minimised. A certificate of public convenience issued under subsection 20(1) of the Northern Pipeline Act sets terms and conditions that oblige Foothills to give priority to the protection or enhancement of important wildlife habitat and to minimise to the satisfaction of the designated officer a detailed range of potential adverse effects (through selective scheduling of activities if necessary), including: disturbance of erosion-sensitive terrain; increase of sediment loading in water bodies; entry of noxious weeds; leaving of harmful substances, or creation of aqueous runoff or discharge, where likely to enter any water body; air pollution and ice fog; blasting; noise; the obstruction or entrapment of big game animals; and the development of subsurface channels along the pipeline. Foothills is also obliged to undertake land rehabilitation and re-vegetation where necessary and to provide a buffer strip between cleared areas and water bodies or roads; to undertake water testing and follow-up monitoring of the effectiveness of the mitigation measures taken and the impact pipeline construction on habitat, seasonal distribution, and movement of significant wildlife populations. Oceans Act Part I of the Oceans Act defines Canadian maritime zones and the need to protect and preserve the marine environment. Part II mandates a national Ocean Management Strategy based on principles of sustainable development, integrated management, and the precautionary approach, and details the Minister s responsibilities in respect of advancing integrated management plans. It also defines a Marine Protected Area (one designated for special protection in order to conserve fishery resources, endangered or threatened marine species and their habitats, unique habitats, and areas of high biodiversity or biological productivity); the Minister is charged with leading and co-ordinating a national system of such Areas. Part III further specifies the Minister s powers, duties and functions. The Governor in Council may, on the recommendation of the Minister, make regulations prescribing marine environmental quality requirements and standards. CCPE GR: April 2002