Environment Canada - Enforcement

Enforcement

Environment Canada Enforcement Branch is responsible for ensuring compliance with several federal statues. The Governor-in-Council appoints enforcement officers and pursuant to section 217(3) of the Canadian Environmental Protection Act, enforcement officers have all the powers of peace officers.

There are two designations of enforcement officers: Environmental Enforcement and Wildlife Enforcement. The former administers the Canadian Environmental Protection Act and pollution provisions of the Fisheries Act and corresponding regulations. The latter enforces Migratory Birds Convention Act, Canada Wildlife Act, Species at Risk Act and The Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act. All officers wear dark green uniform with black ties and a badge (appear on the right). Environmental Enforcement Officers only carry baton whereas Wildlife Enforcement Officers are also equipped with firearm.

The Minister may also appoint members of the Royal Canadian Mounted Police, fishery officers, parks officers, customs officers and conservation officers of provincial and territorial governments as enforcement officers and to allow them to exercise the powers and privilege of Environment Canada officers.

On March 4, 2009, a bill to increase the enforcement capabilities of Environment Canada was introduced into the House of Commons. The Environmental Enforcement Bill would increase the fines for individuals and corporations for serious offenses, give enforcement officers new powers to investigate cases and grants courts new sentencing authorities that ensure penalties reflect the seriousness of the pollution and wildlife offences.

More information: EC Enforcement Branch

Enforcement of: Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR)

The Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR) operates with a few basic premises, one of which being that electronic waste is either "intact" or "not intact". The various annexes define hazardous waste in Canada, and also deem any waste that is "...considered or defined as hazardous under the legislation of the country receiving it and is prohibited by that country from being imported or conveyed in transit" to be covered under Canadian regulation and therefor subject to prior informed consent procedures.

The loophole in the regulations that allows tons of e-waste to be exported from Canada is the use of the definition of "intact" vs "functional". A non-functioning electronic device that is intact can be exported under the current legislation. What can't be exported without prior informed consent is a non-functioning but no longer intact electronic device (if the component pieces are deemed hazardous). The principal problem being, the non-functioning but intact electronic device is at high risk of being disassembled in some far away e-waste dumping ground. The Canadian government's use of a unique interpretation of the Basel Convention obligations "intact" and "not intact" opens the door to uncontrolled e-waste exports as long as the device is intact. See Canadian fact sheet and associated links.

Since Canada ratified the Basel Convention on August 28, 1992, and as of August 2011, Environment Canada's Enforcement Branch has initiated 176 investigations for violations under EIHWHRMR, some of which are still in progress. There have been 19 prosecutions undertaken for non-compliance with the provisions of the EIHWHRMR some of which are still before the courts. Electronic waste by country