Tag: Canadian Environmental Protection Act

Canadian Federal Government Issues Notice for Reporting of 2010 GHG Emissions

On August 14, 2010, the federal government published a notice in the Canada Gazette requiring all persons who operate a facility emitting 50,000 tonnes of carbon dioxide equivalent or more per year to report their 2010 emissions to Environment Canada no later than June 1, 2011.

On August 14, 2010, the federal government published a notice (the Notice) in the Canada Gazette requiring all persons who operate a facility emitting 50,000 tonnes of carbon dioxide equivalent or more per year to report their 2010 emissions to Environment Canada no later than June 1, 2011. This information will be collected through Environment Canada’s Single Window Reporting System, which was launched in early 2010.

Pursuant to section 46(8) of the Canadian Environmental Protection Act, 1999 (CEPA 1999), persons subject to the Notice are required to keep copies of this information, together with any calculations, measurements and other data on which the information is based, at the facility to which the calculations, measurements and other data relate, or at the facility’s parent company, located in Canada, for a period of three years from the date the information is required to be submitted.

The Minister of the Environment intends to publish greenhouse gas emission totals by gas by facility. Pursuant to section 51 of CEPA 1999, any person subject to the Notice who provides information in response to the Notice may submit, with their information, a written request that it be treated as confidential based on the reasons set out in section 52 of CEPA 1999. The person requesting confidential treatment of the information is required to indicate which of the reasons in section 52 of CEPA 1999 applies to their request. However the Minister may disclose, in accordance with subsection 53(3) of CEPA 1999, information submitted in response to the Notice. Any person who fails to comply with CEPA 1999 may be subject to a maximum fine of $1,000,000 and/or three years’ imprisonment.

B.C. and Federal Government take first step towards an Equivalency Agreement on Climate Change

On April 6, 2010, the federal Environment Minister, Jim Prentice, and B.C.’s Minister of State for Climate Change, John Yap, signed an Agreement in Principle on efforts to address climate change. This is the first step towards establishing a formal Equivalency Agreement under the Canadian Environmental Protection Act, 1999 (CEPA 1999).

On April 6, 2010, the federal Environment Minister, Jim Prentice, and B.C.’s Minister of State for Climate Change, John Yap, signed an Agreement in Principle on efforts to address climate change. This is the first step towards establishing a formal Equivalency Agreement under the Canadian Environmental Protection Act, 1999 (CEPA 1999).

Section 10 of CEPA 1999 provides for Equivalency Agreements where provincial or territorial environmental legislation has provisions that are equivalent to provisions in CEPA 1999. The purpose of an Equivalency Agreement is to eliminate the duplication of environmental regulations. Equivalency is based on the following criteria: (i) equivalent regulatory standards; and (ii) similar provisions for citizens to request investigations. This will mean that B.C.-based businesses will not have to deal with competing regulatory requirements, such as for greenhouse gas emissions reporting, when it comes to climate change regulation.

Throughout 2009, the federal government consulted with the provinces and territories on Canada’s climate change strategy. According to Minister Yap: “We are building a strong template for acting on climate change here in B.C. and it is great to have the ongoing support of the federal government as we move forward. Climate change is the challenge of our generation and we need strong partnerships like this one to devise solutions that help us meet our legislative commitments while creating new economic opportunities for British Columbians.”

For more information, please refer to Environment Canada’s news release: Link

Lower Reporting Threshold for Federal June 1, 2010 GHG Reporting

The next reporting deadline for the 2009 GHG emissions data is June 1, 2010. At the national level, all facilities with annual GHG emissions of 50,000 tonnes CO2 equivalent (CO2e) or more must report their GHG emissions to Environment Canada

Pursuant to a Canada Gazette notice published on July 11, 2009, the federal government has lowered the reporting threshold from 100,000 tonnes CO2 equivalent (CO2e) to 50,000 tonnes CO2e. In addition, two separate reporting categories for (i) venting and flaring and (ii) waste and wastewater have now been established. These changes will allow Environment Canada to obtain a better understanding of GHG emissions across Canada.

The next reporting deadline for the 2009 GHG emissions data is June 1, 2010. At the national level, all facilities with annual GHG emissions of 50,000 tonnes CO2 equivalent (CO2e) or more must report their GHG emissions to Environment Canada in accordance with the requirements under the Canadian Environmental Protection Act, 1999. This reporting is completed through the National Mandatory Reporting System for GHGs, operated by Statistics Canada on behalf of Environment Canada.

An important change in the reporting process is the transfer of the GHG data collection from Statistics Canada to Environment Canada, starting March 2010.  This change will advance Environment Canada’s plan to harmonize reporting requirements into one system.