Federal role 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. 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-US 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. 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."
Kyoto Accord and aftermath The 1997
Kyoto Accord caused Minister
David Anderson and the
Chretien government to launch the
Government of Canada Action Plan 2000 on Climate Change, which was mentioned in passing by the Governor-General in her January 30, 2000
Speech from the Throne. Despite strong objections from the governments of Saskatchewan, Alberta and Ontario and the federal Official Opposition, in securing Canadian ratification of the Kyoto Protocol in December 2002. In 2004 Anderson was successful in getting the
Species at Risk Act passed by Parliament and signed into law. Other initiatives involved improving air and water quality and established improved federal provincial cooperation on environmental issues. In December 2011,
Stephen Harper's 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. 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 as canny industrialists moved there to avoid taxation. By 2011 the magnesium industry in Canada, which had been ranked second in 2000, had been regulated out of existence. Harper and
Jim Flaherty's
2012 federal budget's
Jobs, Growth and Long-term Prosperity Act 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 C-38 of the
41st Canadian Parliament. 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. In 2015, the newly elected
Trudeau government changed the applied title of the department under the
Federal Identity Program from
Environment Canada to
Environment and Climate Change Canada, in order to "reflect the government's priorities". In early 2018, the government of
Justin Trudeau passed the
Greenhouse Gas Pollution Pricing Act (GHGPPA). In early 2019, the government of Justin Trudeau passed the
Impact Assessment Act and Canadian Energy Regulator Acts (IAA and CERA) under minister
Catherine McKenna. On March 25, 2021, the
Supreme Court of Canada rejected the 2019 appeal of the provinces of
Alberta,
Ontario, and
Saskatchewan and ruled in
Reference re Greenhouse Gas Pollution Pricing Act that the GHGPPA was constitutional. On April 6, 2022,
Equinor's project on the
Bay du Nord property was approved under Section 54 of the
Canadian Environmental Assessment Act, 2012 by the federal cabinet and Minister Guilbeault. The CEAA was used because the assessment was initiated before that law was voided by the IAA. == Operations ==