Environmental Protection Act

    North America

    Environmental Protection Act

    The Canadian Environmental Protection Act, 1999 (‘CEPA‘) regulates the protection of the environment and human health and outlines, among other things, processes to assess risks posed by substances in commerce, timeframes for managing toxic substances, as well as provisions to regulate vehicle, engine, and equipment emissions  

    The Government of Canada has published Guidelines on Understanding CEPA, as well as an Overview of CEPA 

    Last Updated: July 30, 2019

  • Under Section 169(1) of CEPAwhere there is or is a likelihood of a release of a substance into the air in contravention of regulations made by the Governor in Council on international air pollution, persons referred to in Section 169(2) of CEPA must:  

    • notify an enforcement officer or any other person designated pursuant to the regulations, providing a written report on the matter 
    • take all reasonable measures consistent with the protection of the environment and public safety to prevent the release or, if it cannot be prevented, to remedy any dangerous condition or reduce or mitigate any danger to the environment or to human life or health that results from the release of the substance or may reasonably be expected to result if the substance is released; and  
    • make a reasonable effort to notify any member of the public who may be adversely affected by the release or likely release.  

    Section 169(2) of CEPA states that §169(1) applies to any person who:  

    • owns or has charge of the substance immediately before its release or likely release into the air; or  
    • causes or contributes to the release or increases the likelihood of the release 

    Costs and expenses may be recovered from persons referred to in paragraph Section 169(2)(a), as well as persons referred to in Section 169(2)(b) to the extent of their negligence in causing or contributing to the release  

    Section 169(3) of CEPA states that where a substance is released as described in Section 169(1), persons other than those described in Section 169(2), whose property is affected by the release, must report the matter to an enforcement officer or any person designated by regulation.  

    For similar provisions in relation to: 

    • international water pollution, see Section 179(1)(3) 
    • the release of toxic substances, see Section 95(1)-(3) 
    • environmental emergencies, see Section 201(1)-(3) and Section 205(3)(b) 
    • release of substances, see Section 212(1)(3); and  
    • environmental protection compliance orders, see Section 235(1)(3).  
  • How OneTrust Helps

    OneTrust Vendorpedia simplifies third-party risk management by combining automation with aggregated vendor research to streamline the vendor engagement lifecycle, from onboarding to offboarding. The platform helps organizations conduct faster and more in-depth security and privacy reviews. 

    Vendorpedia is backed by the world’s largest and most up-to-date database of privacy and security laws, frameworks, and standards, which directly power and enrich OneTrust Vendorpedia. Research is generated by 30 in-house security and privacy experts and a network of 500 lawyers across 300 jurisdictions.  

    For additional details on Vendorpedia, read more here. 

Want to learn more? Login to the full DataGuidance platform.

About OneTrust

OneTrust is the #1 most widely used privacy, security and third-party risk technology platform trusted by more than 3,000 companies to comply with the CCPA, GDPR, ISO27001 and hundreds of the world’s privacy and security laws. OneTrust's three primary offerings include OneTrust Privacy Management Software, OneTrust PreferenceChoice™ consent and preference management software, and OneTrust Vendorpedia™ third-party risk management software and vendor risk exchange. To learn more, visit OneTrust.com or connect on LinkedIn, Twitter and Facebook.