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When developing the implementation framework, the Government may also consider mechanisms that could enhance decision-making in CEPA, which are called procedural duties.
These dutiescould include:
access to information,
participation in decision making, and
access to effective remedies.
These mechanismsare already integrated into decisions that are made under CEPA, but we are inviting a closer look on whether these activities could be expanded and further considered in the framework.
Access to Information
Access to information within CEPA refers to sharing information on the environment and health that supports the public in being able to hold the government accountable, to participate and engage in health and environmental decision-making, and to make informed decisions about their own health and environment.
Example:TheCEPA Registryprovides thepublic with access to current information on CEPA, such as regulations, Canada Gazette notices, permits, plans, policies, and copies of documents submitted to a court by the Minister relating to any environmental protection action.
Participation in Decision-Making
Participation in decision-making in CEPA refers to any process that directly engages the public in decision-making and considers public input when making decisions on chemicals or pollutants. Opportunities to participate should occur early and allow sufficient time for members of the public to review and provide responses. Meaningful participation, such as when people feel included and share their thoughts, leads to better and fairer decision-making.
Example:Interested or concerned communities have opportunities to comment on Disposal at Sea permit applications, and are made aware of this opportunity through “Notices of Application” that must be published in a local newspaper. Applicants may also contact implicated groups directly and a copy of the permit is posted on the CEPA Environmental Registry for comment.
Access to effective remedies in the event ofharm to the environment and human health
Effective remedies refer to tools that are available for people to use if they believe that environmental damages have occurred as a result of a contravention to CEPA.
Example:CEPA has several tools that provide the public with opportunities to request an investigation of an alleged offense, pursue a civil suit, civil actions to recover damages, or file a notice of objection requesting that a board of review be established.
For more information on procedural duties, please see section 3.3 of the Discussion Document.
When developing the implementation framework, the Government may also consider mechanisms that could enhance decision-making in CEPA, which are called procedural duties.
These dutiescould include:
access to information,
participation in decision making, and
access to effective remedies.
These mechanismsare already integrated into decisions that are made under CEPA, but we are inviting a closer look on whether these activities could be expanded and further considered in the framework.
Access to Information
Access to information within CEPA refers to sharing information on the environment and health that supports the public in being able to hold the government accountable, to participate and engage in health and environmental decision-making, and to make informed decisions about their own health and environment.
Example:TheCEPA Registryprovides thepublic with access to current information on CEPA, such as regulations, Canada Gazette notices, permits, plans, policies, and copies of documents submitted to a court by the Minister relating to any environmental protection action.
Participation in Decision-Making
Participation in decision-making in CEPA refers to any process that directly engages the public in decision-making and considers public input when making decisions on chemicals or pollutants. Opportunities to participate should occur early and allow sufficient time for members of the public to review and provide responses. Meaningful participation, such as when people feel included and share their thoughts, leads to better and fairer decision-making.
Example:Interested or concerned communities have opportunities to comment on Disposal at Sea permit applications, and are made aware of this opportunity through “Notices of Application” that must be published in a local newspaper. Applicants may also contact implicated groups directly and a copy of the permit is posted on the CEPA Environmental Registry for comment.
Access to effective remedies in the event ofharm to the environment and human health
Effective remedies refer to tools that are available for people to use if they believe that environmental damages have occurred as a result of a contravention to CEPA.
Example:CEPA has several tools that provide the public with opportunities to request an investigation of an alleged offense, pursue a civil suit, civil actions to recover damages, or file a notice of objection requesting that a board of review be established.
For more information on procedural duties, please see section 3.3 of the Discussion Document.
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