Annual Report 2003 

Commission for 

Environmental Cooperation 

of North America 
2 CEC Annual Report 2003 

Mission 

The CEC facilitates cooperation and public participation to foster conservation, 

protection and enhancement of the North American environment for the benefit of 

present and future generations, in the context of increasing economic, trade and social 

links among Canada, Mexico and the United States.

Reproduction of this document in whole or in part and in any form for educational or nonprofit purposes may be made without special permission from the CEC Secretariat, 

provided acknowledgement of the source is made. The CEC would appreciate receiving a 

copy of any publication or material that uses this document as a source. 

Commission for Environmental Cooperation 

of North America 

393, rue St-Jacques Ouest, bureau 200 

Montréal (Québec) Canada H2Y 1N9 

Tel: (514) 350-4300; Fax: (514) 350-4314 

info@cec.org

www.cec.org

© Commission for Environmental Cooperation, 2005 

Disponible en français – Disponible en español
3

Table of Contents 

Message from the Council....................................................................................................... 5 

Report from the Joint Public Advisory Committee ............................................................. 6 

Message from the Executive Director of the CEC Secretariat ............................................ 9 

Cooperative Achievements ............................................................................................. 11

2003 Program Summary........................................................................................................ 12 

Cooperative Achievements.................................................................................................... 16 

Registry of Submissions on Enforcement Matters 2003.................................................... 24 

Linking North American Communities: North American Fund for Environmental 

Cooperation............................................................................................................................. 33 

Country Reports.............................................................................................................. 35

Canada ..................................................................................................................................... 36 

Mexico...................................................................................................................................... 77 

United States ........................................................................................................................... 83 

2003 Financial Statements .............................................................................................. 91

Looking Ahead .............................................................................................................. 105

2004 Annual Program and Budget Overview................................................................... 107 
4 CEC Annual Report 2003 
5

Message from the Council 

The Commission for Environmental Cooperation is an international organization created by the 

governments of Canada, Mexico and the United States to protect our shared environment through 

cooperation, to prevent potential trade and environment conflicts, and to promote the 

enforcement of environmental laws. 

One of the unique strengths of this organization is the capacity for cooperation at a continental 

level to tackle some of the most pressing issues facing North America’s environment. 

Last year, the CEC’s first State of the Environment report highlighted where progress has been 

made, and where pressures are putting ecosystems at risk—particularly with respect to 

biodiversity. 

This year stands as a landmark in continental cooperation to address some of those issues. The 

adoption in June 2003 of the Strategic Plan for North American Cooperation in the Conservation of 

Biodiversity demonstrates how the CEC works in partnership—doing together what cannot be 

done alone. 

The plan is the result of extensive collaboration among our governments, nongovernmental 

organizations, academics, experts, interested persons, and indigenous communities. The plan 

represents a path forward with the identification of 12 priority areas for action and targets to 

implement the first five-year action plan. 

We believe that, with the adoption of this long-term strategy and the identification of priorities for 

action, North America will be a global leader in developing cooperative approaches to address 

shared biodiversity issues. 

CEC progress in 2003 was similarly distinguished by cooperation among the three countries and 

with national and international organizations on many issues of common concern—from reducing 

the impact of the most toxic chemicals in our environment to moving forward with our 

Cooperative Agenda on Children’s Health and the Environment. Significant accomplishments this 

year include: 

• Completion of the second North American Symposium on Trade and Environment, 

focusing on the energy and agricultural sectors; 

• Publication of a comprehensive report comparing standards for intensive livestock 

operations in each country; 

• Publication of six factual records in response to citizen submissions on enforcement 

matters; and 

• Initiation of a North American Regional Action Plan addressing dioxins and furans, and 

hexachlorobenzene. 

We invite you to review the progress on these and other important issues in this 2003 Annual 

Report for the Commission for Environmental Cooperation. 

David Anderson Victor Lichtinger Christine Todd Whitman 

Canada Mexico United States 

Minister of the Environment Secretary of Environment Environmental Protection 

 and Natural Resources Agency Administrator 
6 CEC Annual Report 2003 

Report from the Joint Public Advisory Committee 

JPAC began a very active year by participating in the second North American Symposium on 

Assessing the Environmental Impacts of Trade and organizing a public workshop on Chapter 11 

of the North American Free Trade Agreement in March. Regarding the symposium, an Advice to 

Council was adopted outlining a series of initiatives for Council to consider in support of this 

important area of work. An Advice to Council was also developed with recommendations for how 

the CEC Council could help create a balance between the interests of the public and those of 

investors in the application of Chapter 11. JPAC considers that ensuring transparency, 

accountability and legitimacy are critical to public acceptance of NAFTA and other free trade 

regimes. JPAC continues to urge Council to work through NAAEC Article 10(6) to achieve the 

environmental goals and objectives of NAFTA. 

The second JPAC regular session was held in conjunction with the 2003 Council Session in June, 

where two public meetings were organized. First was a public plenary session on the North 

American Environmental Enforcement and Compliance Cooperation Program to seek input on a 

long-term strategic plan. Second was a public workshop on CEC Assessments of Transboundary 

Air Issues with the newly formed North American Air Working Group to discuss what would be 

the most fruitful area of CEC involvement in this area of work. In both instances, JPAC prepared a 

letter to the chairperson of each working group, expressing general support and outlining areas for 

consideration. 

In September, JPAC issued a call for public comments on the matter of limiting the scope of 

factual records developed under Articles 14 and 15 of the NAAEC, including what is evolving into 

interpreting what constitutes sufficient information to support an allegation of failure to enforce, 

and to review the implementation of Council Resolution 00-09: Matters related to Articles 14 and 

15 of the Agreement. In October, a public workshop was organized. JPAC had commissioned a 

substantive review of these matters that served as an extensive report for the very productive 

discussions. As a result of the discussions at the meetings, JPAC issued detailed Advice to Council 

on these matters. JPAC also put Council on notice that it would be exploring an emerging 

perception of Council being in conflict of interest with regard to the citizen submission process. 

An October meeting focused on the proposed CEC Operational Plan for 2004–2006. In an Advice 

to Council JPAC supported the Secretariat’s initiative to become more strategic in its planning and 

provided preliminary responses and recommendations. JPAC also expressed its unanimous 

support for the continuation of the North American Fund for Environmental Cooperation 

(NAFEC) and guarded optimism for steps being considered to improve involvement of indigenous 

peoples in the CEC. 

In November, following a specific request from Council, JPAC provided an advice on the 

Hazardous Waste Task Force issue concerning the environmentally sound management and 

tracking of hazardous wastes and hazardous recyclable materials. 

JPAC continues to be disappointed, despite its efforts, at the lack of progress by the Parties on 

concluding an agreement on transboundary environmental impact assessment, as required by 

NAAEC Article 10(7). 

In December, JPAC participated in a round table on the impact of invasive species in North 

America, where parliamentarians, experts and policy makers provided information and exchanged 

views of the ecological and economic impacts of invasive species in North America and discussed 

options for a CEC role in promoting best approaches for prevention and control. JPAC considers 
7

this to be a very important and urgent issue and one where the CEC is ideally positioned to foster 

trilateral policy and science-based solutions. 

Finally, members of the Independent Ten-year Review and Assessment Committee (TRAC) met 

with JPAC to solicit views, opinions and perspectives on the first ten years of NAAEC and 

NAFTA. 

Gustavo Alanís-Ortega 

JPAC Chair for 2003 
JPAC Members 2003 

CANADA 

CAM AVERY 

Director of Public Affairs 

Terasen Inc. 

1111 West Georgia Street 

Vancouver, British Colombia V6E 4M4 

Tel: (604) 443-6603 

Fax: (604) 443-6530 

Email: 1cam.avery@terasen.com 

ANN BOURGET 

Conseillère municipale, 

Associée au Comité exécutif 

Hôtel de ville de Québec

2, rue des Jardins 

C.P. 700, Haute-Ville 

Québec, Québec G1R 4S9 

Tel: (418) 641-6411 Ext. 1076 or 641-6169 

Fax: (418) 641-6465 

E-mail: 

ann.bourget@ville.quebec.qc.ca

DAN CHRISTMAS 

Senior Advisor 

Membertou Band Council 

P.O Box 1904, Station A 

Sydney, Nova Scotia B1P 6W4 

Phone: (902) 564-6466 Ext. 228 

Fax: (902) 539-6645 

E-mail: danchristmas@membertou.ca

MERRELL-ANN PHARE 

Executive Director/Legal Counsel 

Centre for Indigenous Environmental 

Ressources 

3rd Floor, 245 McDermot Ave 

Winnipeg, Manitoba R3B 0S6 

Phone: (204) 956-0660 

Fax: (204) 956-1895 

E-mail: maphare@cier.ca 

DONNA TINGLEY

Executive Director 

Clean Air Strategic Alliance 

10035, 108 Street NW, Floor 10 

Edmonton, Alberta T5J 3E1 

Phone: (780) 427-9793 

Fax: (780) 422-3127 

E-mail: dtingley@casahome.org 

MEXICO

GUSTAVO ALANÍS-ORTEGA 

Presidente 

Centro Mexicano de Derecho Ambiental 

Atlixco No. 138, Col.Condesa 

México, D.F. 06140 

Teléfono: (011 525) 55 286 3323 

Fax: (011 525) 55 211 2593 

E-mail: galanis@cemda.org.mx

JPAC Chair for 2003

MINDAHI CRESCENCIO BASTIDAMUÑOZ 

Presidente 

Consejo Mexicano para el Desarrollo 

Sustentable, Coordinator 

Consejo Regional Otomi del Alto Lerma 

Lázaro Cárdenas Norte No. 125 

San Pedro Tultepec 

Lerma, Estado de México 52030 

Teléfono y Fax: (011 527) 28 282 0469 

Mobile: (011 527) 22 187 1375 

E-mail: mindahi@prodigy.net.mx 

ADRIANA NELLY CORREA 

Profesor Investigador 

Centro de Calidad Ambiental 

ITESM Campus Monterrey 

Av. Eugenio Garza Sada No. 2501 Sur 

Monterrey, Nuevo León 64849 

Teléfono: (011 528) 18 328 4032 

Fax: (011 528) 18 359 6280 

E-mail: ancs@itesm.mx 

CARLOS SANDOVAL 

President 

Consejo Nacional de Industriales 

Ecologistas 

Gabriel Mancera No. 1141 

Col. Del Valle 

México, D.F. 03100 

Teléfono: (011 525) 55 559 1915 

Fax: (011 525) 55 575 2337 

E-mail: ecologia@conieco.com.mx 

LAURA SILVAN

Directora 

Proyecto Fronterizo de Educación Ambiental 

Paseo Estrella del Mar No. 1025 – 2A 

Sección Coronado 

Playas de Tijuana, Baja California 22200

Teléfono: (011 526) 64 630 0590 / 64 630 92 81 

Fax: (011 526) 64 630 05 90 

E-mail: laurie@proyectofronterizo.org.mx

UNITED STATES 

PATRICIA CLAREY 

Chief of Staff 

Office of Governor Schwarzenegger 

Capitol 

Sacramento, California 95814 

Phone:(916) 445-5106 

Fax: (916) 323-9111 

E-mail: Pat.Clarey@gov.ca.gov 

DINKERRAI DESAI 

Environmental Coordinator 

U.S. Army Material Command 

Directorate of Public Works, Bldg 173 

Fort Monmouth 

New Jersey 07726 

Phone: (732) 532-1475 

Fax: (732) 532-6263 

E-mail: 

desai@mail1.monmouth.army.mil 

ARTURO DURAN 

General Manager 

Lower Valley Water District 

Mail address:

P.O. Box 909 

Clint, Texas 79836 

Phone: (915) 791-4480 

Fax: (915) 791-4483 

E-mail: aduran@lvwd.org

JANE GARDNER 

Manager and Counsel 

Remediation Programs 

Corporate Environmental Programs

General Electric Company 

3135 Easton Turnpike 

Fairfield, Connecticut 06431 

Phone: (203) 373-2932 

Fax: (203) 373-2683 

E-mail: 

Jane.gardner@corporate.ge.com 

PATRICIA McDONALD 

Consultant 

4420 Berry Drive #3822 

Wilson, Wyoming 83014 

Phone: (307) 734-2758 

Fax: (307) 734-2758 

E-mail: pattyamcdonald@earthlink.net
Message from the Executive Director of the CEC Secretariat 

The Commission for Environmental Cooperation (CEC) was established almost ten years ago to 

support Canada, Mexico and the United States in protecting the environment as our three 

countries liberalized trade relations. From the outset, a core challenge for the CEC was to 

accomplish a better understanding of the relationship between trade and the environment in 

North America. At the same time, the CEC aims to increase cooperation among our three 

countries to better conserve, protect and enhance our continental environment—including critical 

habitat and species. 

In both respects, 2003 marks significant progress. 

This spring, the CEC Secretariat hosted its second North American Symposium on Assessing the 

Environmental Effects of Trade. From 24 to 28 March, some 200 researchers, academics, 

environmental officials and nongovernmental organizations met in Mexico City to hear and 

discuss thirteen research papers on issues ranging from energy subsidies to intensive livestock 

operations. The results, published and distributed by the CEC Secretariat, contribute greatly to our 

ongoing assessment of the trade and environment relationship. 

At our annual Council session in June, the adoption of the Strategic Plan for North American 

Cooperation in the Conservation of Biodiversity signaled a milestone in international 

environmental cooperation. The biodiversity strategy, as adopted by Canada, Mexico and the 

United States, prescribes a long-term plan of action on the part of each county, its environmental 

officials and partners, to conserve key spaces and species in North America. 

From trade analysis to charting a practical, on-the-ground path toward conservation of species and 

spaces, the CEC is moving forward with its agenda, and I invite you to examine our progress in 

this annual report of Commission activities in 2003. 

William V. Kennedy 
10 CEC Annual Report 2003 
11

Cooperative Achievements 
12 CEC Annual Report 2003 

2003 Program Summary 

ENVIRONMENT, ECONOMY AND TRADE 

The Environment, Economy and Trade program has three goals: (1) to continue improving our 

understanding of the environmental effects of free trade and related economic integration in 

North America, as well as to identify opportunities for policy integration between environmental 

and trade policies in a manner that actively promotes transparency and public participation; (2) to 

identify opportunities among the NAFTA partners for cooperation and trade in environmental 

goods and services including renewable energy and energy efficiency; and (3) to strengthen 

partnerships with the private financial services sector in the area of finance and the environment. 

These objectives will be addressed through three projects: 

Understanding Linkages between Environment, Economy and Trade 

• Assessing the Environmental Effects of Trade; 

Market-based Mechanisms for Environmentally-Preferable Goods and Services 

• Trade in Environmentally-Preferable Goods and Services; and 

• Finance and the Environment. 

CONSERVATION OF BIODIVERSITY 

North America hosts a wealth of spiritually cherished, economically important, and ecologically 

essential landscapes and seascapes. A great deal of North American biological diversity, however, 

is in peril. Although most problems affecting the North American environment are on the national 

level, certain others are shared by two of the three countries, and the effects and consequences of 

some have the potential to affect the entire continent. 

GOALS 

In the context of increasing economic, trade and social links, the Conservation of Biodiversity 

program promotes cooperation among Canada, Mexico and the United States in furthering the 

conservation and sustainable use of North American biodiversity. With the direction and guidance 

from Council, the program will start implementing the “Strategic Plan for North American 

Cooperation in the Conservation of Biodiversity,” a long-term agenda to catalyze trinational 

conservation action at the North American level, by: 

• promoting the conservation and maintenance of regions of continental ecological 

significance [Ecologically Significant Regions (ER)]; 

• promoting the conservation of North American migratory and transboundary species 

[Migratory and Transboundary Species (MT)]; 

• facilitating data and information sharing across North America and promote integrated 

monitoring to increase understanding of the state of North American biodiversity 

[Assessment and Information Sharing (AI)]; 

• facilitating communication, networking, identification and sharing of best practices, 

priorities and opportunities for education and training [Capacity building and training 

(CT)]; 

• promoting collaborative responses to common threats facing North American 

ecosystems, habitats and species [Responding to Threats (RT)]; and 
13

• identifying and evaluating potential collaborative opportunities for biodiversity 

conservation and sustainable use that arise from the expansion of regional trade 

[Biodiversity Conservation and Trade (BT)]. 

PROGRAM INITIATIVES 

The CEC establishes a forum for coordinated, continental solutions to key conservation 

challenges, as well as providing a more targeted geographical focus and interdisciplinary approach 

to conservation activities. The implementation of the program is described in further detail under 

the following work plan: 

North American Biodiversity Conservation Strategies 

• Strategic and Cooperative Action for the Conservation of Biodiversity in North America 

Stewardship for Shared Terrestrial and Marine Ecosystems and Transboundary Species 

• North American Bird Conservation Initiative 

• Terrestrial Species of Common Conservation Concern 

• Marine Species of Common Conservation Concern 

• North American Marine Protected Areas Network 

• Closing the Pathways of Aquatic Invasive Species across North America 

Improving Information on North American Biodiversity 

• North American Biodiversity Information Network 

POLLUTANTS AND HEALTH 

The mission of the Pollutants and Health program area is to establish cooperative initiatives on a 

North American scale to prevent or correct the adverse effects of pollution on human and 

ecosystem health. Guidance on methods to accomplish this mission is embodied within the 

language of NAAEC Article 10. These methods include: encouraging technical cooperation 

between the Parties; promoting pollution prevention techniques and strategies; recommending 

appropriate limits for specific pollutants, taking into account differences in ecosystems; 

recommending approaches for the comparability of techniques and methodologies for data 

gathering and analysis, data management, and electronic data communications; and promoting 

access to publicly available information concerning the environment that is held by public 

authorities of each Party. 

This program area aims to pursue the following objectives: 

• facilitating coordination and cooperation between the three countries on protection of 

the environment; 

• enhancing comparability and compatibility between the three environmental protection 

systems; 

• improving the knowledge base on issues of environmental pollution; 

• developing technical and strategic tools to avoid, eliminate, reduce, or manage 

environmental pollutants; and 

• improving the scientific, technical, and strategic capabilities of North American 

environmental protection agencies. 

The activities planned and described in this document are the result of a coordinated effort 

between the five programs to maximize their combined benefit. These activities have also been 

designed to coordinate with and enhance the efforts of other North American environmental 

protection entities. 
14 CEC Annual Report 2003 

PROGRAM INITIATIVES 

Five programs and their subsidiary projects specifically address the protection of human and 

ecosystem health. 

Cooperation on North American Air Quality Issues 

• Cooperation on North American Air Quality Issues 

Sound Management of Chemicals 

• Sound Management of Chemicals 

North American Pollutant Release and Transfer Register 

• North American Pollutant Release and Transfer Register 

Pollution Prevention 

• Capacity Building for Pollution Prevention 

Children’s Health and the Environment in North America 

• Children’s Health and the Environment in North America 

LAW AND POLICY 

GOAL 

The goal of the Law and Policy program area is to address regional priorities regarding obligations 

and commitments in NAAEC related to enhancement of compliance with and enforcement of 

environmental laws and regulations, environmental standards, environmental performance and 

the continued development and improvement of environmental law and policy. Program 

initiatives monitor and report on regional trends in implementing and enforcing environmental 

laws and standards, including innovations in regulation, economic instruments and voluntary 

initiatives. 

PROGRAM INITIATIVES 

Work in this area is divided into three program initiatives. The first, Environmental Standards and 

Performance, focuses on NAAEC objectives of strengthening regional cooperation in the 

development and improvement of environmental laws and regulations. This initiative is designed 

to strengthen cooperation in the development and continued improvement of environmental 

technical requirements and standards by promoting exchange of information and sharing best 

practices. 

The second, Enforcement Cooperation, responds directly to the Parties’ obligations for the 

effective enforcement of their respective environmental laws and regulations. In response to the 

Council mandate to ensure regional cooperation in enforcement matters, the program supports a 

regional forum of senior enforcement officials. It also addresses enforcement and compliance 

capacity building needs and provides information and analysis on the Parties’ enforcement and 

compliance activities. 

The third, Environmental Policy, examines leading-edge policy initiatives in priority areas and 

shares best practices among public and private sectors. 

Environmental Standards and Performance 
15

• Comparative Report on Environmental Standards 

• Enviromentally Sound Management and Tracking of Hazardous Waste 

Enforcement Cooperation 

• Enforcement and Compliance Cooperation 

Environmental Policy 

• Sustainable Use and Conservation of Freshwater in North America 

• Environmental Management Systems to Promote Compliance and Environmental 

Performance 
16 CEC Annual Report 2003 

Cooperative Achievements 

In addition to the work of each Party in accordance with the North American Agreement on 

Environmental Cooperation (NAAEC), the CEC Secretariat is responsible for a specific program 

of action to fulfill NAAEC’s objectives. This report provides an overview of CEC activities in 2003 

in each program area: Environment, Economy and Trade; Conservation of Biodiversity; Pollutants 

and Health; and Law and Policy; as well as in the Submissions on Enforcement Matters (SEM) 

Unit, and the North American Fund for Environmental Cooperation (NAFEC). Up-to-date 

information regarding CEC activities is available online at <www.cec.org>. 

Environment, Economy and Trade Program Area 

Furthering understanding of the environmental impacts of trade 

The CEC hosted the second North American Trade and Environment Symposium, at which 

research papers were presented and discussed on issues such as energy subsidies, intensive 

livestock operations, the impact of trade on indigenous communities, and invasive species. During 

the year, EET staff gave more than 20 talks on the lessons from North America on trade 

liberalization and the environment, and completed research on investment in agriculture and 

integration in the food processing sector. 

Continuing to test an environment-first approach 

Using data from the CEC SMOC and Law and Policy programs as a reference, the EET program 

hosted two meetings of technical and policy experts on the effects of increased trade and possible 

management and policy responses, one concerning hazardous waste and another other dealing 

with mercury in the Great Lake region. 

Enhancing the transparency and comparability of environmental labeling and 

certification schemes 

Work continued on updating the CEC’s web-based environmental labeling database for 

sustainable coffee, renewable energy, energy efficiency, office supplies, and sustainable tourism, 

and a web site was created for the North American Green Purchasing Initiative (NAGPI) listing 

providers of green procurement information in North America (www.nagpi.net). In collaboration 

with the North American Sustainable Consumption Alliance, another site was created listing all 

sources of information on sustainable production and consumption in North America 

<www.p2win.org/main/ns/7/doc/89/lang/EN>. 

Supporting cooperation among public, institutional, and private procurement 

officials 

The CEC held a technical workshop on a Green Purchasing Strategy. To strengthen cooperation in 

green procurement, the CEC assisted in the development of guidelines, capacity building 

opportunities, best practices, business-to-business communication links, and other tools, and 

published a report on existing green procurement initiatives, another on green procurement, and a 

background paper on green procurement in trade policy. Also published was the ECO-S.A.T., the 

NAGPI’s Environmental Purchasing Self-Assessment Tool, meant to serve as the basis for thirdparty certification. The Council directed the Secretariat to work with the Parties and the NAGPI 

towards the development of a green purchasing action plan and as part of that plan, the Secretariat 

was invited to work with the Parties and the NAGPI to identify tools, priorities and best practices 

to facilitate green purchasing, and to explore the willingness of the Parties to identity specific 
17

product categories for possible priority attention in the 2004 work program. The Centre for a New 

American Dream began reviewing green purchasing policies being used by institutional 

purchasers across North America with a view to identifying common issues, definitions, 

commodities and trends, focusing on commodities most frequently integrated into green 

purchasing programs for use by the NAGPI Steering Committee in deciding where to focus its 

efforts. 

Examining environmental and market aspects of renewable energy and energy 

efficiency markets 

The CEC prepared a report on estimating the environmental benefits of renewable energy and 

energy efficiency, including methods to calculate displaced emissions, and presented it to a North 

American technical meeting of experts on these approaches. A technical group was struck to 

develop common approaches for evaluating environmental benefits from renewable energy and 

energy efficiency in North America. The CEC published a background paper on market-based 

mechanisms for carbon sequestration, energy efficiency and renewable energy in North America, 

from which one mechanism will be selected by the Parties for further cooperation. The database 

on renewable portfolio standards was updated and the CEC completed a database containing 

information on existing and planned renewable electricity capacity in North America through 

2010, a "clickable" map of North America showing all the capacity, installed and projected, by 

state/province and by energy source. 

Identifying opportunities for increased trade in environmentally preferable goods 

and services 

The CEC continued to work with the sustainable coffee, palm, and renewable energy industries to 

identify and address barriers to trade expansion. The CEC published a market study of 400 church 

organizations that had shown a willingness to buy sustainable palm at a premium, and initiated a 

pilot project to help churches buy sustainable palm. The CEC worked on creating and publicizing 

a fund within Fomento Ecológico Banamex AC’s Fondo para la protección de la naturaleza to 

support the sustainable management of coffee areas, and started defining criteria for distributions. 

The CEC also initiated collaboration with organizations such as UNCTAD, IISD, and ICO to 

address impacts from plummeting coffee bean prices. The CEC published Greening Trade in 

North America to publicize its success in demonstrating that some trading practices can promote 

environmental stewardship (available at <www.cec.org>). 

Continuing to document how environmental information could better inform 

financial markets 

The CEC hosted and published the proceedings of a meeting of financial regulators, finance 

departments, industry representatives, and other institutions to explore how to provide 

environmental information in a form more useful to financial institutions. In collaboration with 

Environment Canada and others the CEC developed two documents to establish the business case 

for disclosure of environmental information. The CEC produced a report documenting best 

practices in disclosure of environmental information in the mining sector and a policy brief for 

Canada’s Minister of the Environment on improving the quality of environmental data available 

for disclosure. 
18 CEC Annual Report 2003 

Conservation of Biodiversity Program Area 

Strategic and Cooperative Action for the Conservation of Biodiversity in North 

America 

In June 2003, the CEC Council adopted a Strategic Plan for North American Cooperation in the 

Conservation of Biodiversity. Under this Plan, the Biodiversity Conservation Working Group 

identified 12 priority areas for action, and the targets to implement the first five-year action plan. 

Work began on developing a mechanism to monitor the implementation and evaluate the 

effectiveness of the Strategy. 

North American Bird Conservation Initiative (NABCI) 

The support of the CEC to NABCI began shifting from institutional support to jointly 

implemented activities of trinational significance including monitoring and communication. The 

CEC supported two workshops aimed at completing a North American assessment of the 

conservation status of birds. A NABCI video was completed in English and Spanish as a 

communication tool. Discussions to develop a North American bird monitoring initiative were 

underway with partners from the three countries. Studies were initiated to identify possible 

impacts of contaminants on bird populations and bird habitat in Mexico, and to produce 

recommendations for trilateral collaboration. 

Terrestrial Species of Common Conservation Concern 

The CEC continued to facilitate efforts toward developing a trinational action plan for the 

conservation of the shared grasslands of Central North America. The CEC published Grasslands: 

Toward a North American Conservation Strategy (available at <www.cec.org>). Work continued 

on satellite monitoring of the Ferruginous hawk (a CEC Species of Common Conservation 

Concern—SCCC), with public access to monitoring information now possible at 

<www.ferruginoushawk.org>. Discussions were underway regarding trinational action plans for 

three terrestrial SCCCs. 

Marine Species of Common Conservation Concern (MSCCC) 

Through this initiative, stakeholders from a wide array of backgrounds work together to develop a 

long-term cooperative agenda for the conservation of migratory and transboundary species at risk. 

In 2003, the CEC organized meetings of MSCCC experts, stakeholders, and other marine advisors 

to: 1) identify the first set of species for which North American Cooperative Action Plans 

(NACAPs) would be developed; 2) develop a framework for NACAPs modeled on the North 

American Regional Action Plans developed for specific pollutants under the CEC’s Pollutants and 

Health Program; 3) develop the first set of three MSCCC NACAPs; and 4) expand the trinational, 

cross-sectoral partnership. Work began on a threats analysis of the 16 MSCCC in North America. 

Through NACAPs meetings, species experts scoped out and identified aspects of a regional 

monitoring and assessment program for the MSCCC. The CEC finalized the SCCC Blueprint for 

Cooperation, designed as an attractive, user-friendly reference book for decision-makers involved 

in the conservation of migratory and transboundary species. The CEC compiled information on 

individuals and organizations working on the implementation of projects relevant to the CEC 

Biodiversity Conservation Strategy. 

North American Marine Protected Areas Network (NAMPAN) 

The goal of the NAMPAN project is for the CEC to work with a trinational, multi-sectoral group 

of stakeholders in establishing a system of North American marine protected area (MPA) 

networks that enhances and strengthens the protection of marine biodiversity. In 2003, work on 
19

the North American Marine Ecoregions, Baja California to Bering Sea (B2B) Priority Conservation 

Areas (PCAs), MSCCC, and Integrated Management for the NAMPAN was presented at the Fifth 

Annual International Conference of the Science and Management of Protected Areas Association. 

Marine advisors and other experts identified priorities for the CEC Biodiversity Strategy during a 

side meeting. The B2B PCAs were presented to Council during its 2003 session. The final report 

on the B2B PCAs was finalized, and a map of the B2B PCAs was developed. 

Workshops were held to clarify the vision and review the theory put forth in a white paper on the 

integrated management of a NAMPAN, and to identify how communities can harness the 

potential benefits of a NAMPAN to address local concerns. Experts from Canada, Mexico and the 

United States identified sites to pilot the Network and build greater cooperation across borders. A 

Working Draft MPA Management Effectiveness Guidebook was released and the CEC briefed 

Canada on the methodology. The CEC facilitated Canada’s participation in field-testing the 

guidebook with the participation of the Saguenay St. Lawrence Marine Park. 

Marine Ecoregions of North America 

The Marine Ecoregions of North America map and accompanying report were being finalized. 

The mapping project is scalable, ecosystematic, and linked with other maps and classification 

systems. It represents a developing consensus among US, Canadian, and Mexican ecologists, 

planners, geographers, and managers regarding marine biodiversity in North America. This 

consensus marine framework, displayed on a set of ecoregion maps, creates understanding among 

the public and, importantly, decision-makers. 

Closing the Pathways of Aquatic Invasive Species across North America 

An analysis of the ecological and economic impacts of invasive algae and sea weeds in the Baja to 

Bering marine conservation corridor was underway. 

North American Biodiversity Information Network (NABIN) 

A web-based portal was being developed to link the species search tools of NABIN to other 

environmental and socio-economic databases in North America. The portal has developed 

working prototypes for the grasslands, MPAs, and NABCI projects. NABIN is supporting the 

interoperability of two major species data search engines and continues to provide information 

access through its partner institutions. 

Pollutants and Health Program Area 

North American Pollutant Release and Transfer Register (PRTR) Project 

Since 1995, the CEC has been working with the national PRTR programs of Canada (National 

Pollutant Release Inventory), the United States (Toxics Release Inventory), and Mexico (Registro 

de Emisiones y Transferencia de Contaminantes) to develop a North American profile of pollutant 

releases and transfers, promote public access to environmental information, and enhance 

comparability among the national systems. Its annual publication, Taking Stock, contains a 

compilation of information for the industries and chemicals that are common to the national 

PRTR lists. In 2003, this “matched” data set only covered the United States and Canada. Mexico 

continued to work on regulations to implement legislation adopted in 2001 to provide for a 

mandatory and publicly accessible PRTR system. Taking Stock 2000 was released in April 2003. It 

found that overall, North America reduced industrial releases and transfers of chemicals by 5 

percent from 1995 to 2000. Flexible access to the data sets is available through the CEC’s Taking 

Stock Online web site <http://www.cec.org/takingstock>. In 2003, work continued on an Action 

Plan to Enhance the Comparability of Pollutant Release and Transfer Registers in North America. 
20 CEC Annual Report 2003 

Air Quality Project 

In 2003, the CEC Air Quality Project focused on improving communications and interactions 

among the air quality management agencies of North America, establishing improved mechanisms 

for exchanging technical data, and developing strategies to address air quality issues of common 

concern. 

The CEC was in the second year of a three year effort to develop a national air emissions inventory 

in Mexico. A draft inventory was prepared for six northern border states that included the air 

pollutants nitrogen oxides, particulates, sulfur oxides, reactive hydrocarbons, carbon monoxide, 

and ammonia. To enhance access to air emissions inventory information, the CEC Air Quality 

Project initiated an investigation of the feasibility of remotely linking distributed electronic 

databases containing air emissions information across North America. To increase institutional 

capacity for air emission inventories, the CEC co-sponsored a workshop on innovative methods 

for emission inventory development and evaluation. 

The CEC gathered together a group of experts in its second workshop on common methodologies 

to assess population exposure to vehicle emissions along congested trade and transportation 

corridors. As a product of the workshop, participants helped draft a “state of the science” review 

paper on elements of assessment methodologies that highlighted their strengths and weaknesses, 

as well as future research and policy needs. 

The CEC continued its series of training workshops to assist air permitting officials in finding and 

evaluating best available technologies for air pollution control. A workshop was held to provide 

permitting officials with a set of case studies focusing on key industrial sectors as a learning 

exercise for comparing various air pollution control technology alternatives for hypothetical new 

sources. 

The CEC helped launch an effort in Mexico to integrate urban and regional air quality monitoring 

networks into a national framework. The first step was a meeting held by Mexico’s federal 

environmental agency, Semarnat, co-sponsored by the CEC, in which Semarnat proposed to the 

Mexican states a rationale and approach for integrating current local monitoring networks and 

adopting common procedures for collecting and storing Mexico’s ambient air data. 

Sound Management of Chemicals Program 

Resolution 95-05, adopted by the Council on 13 October 1995, in Oaxaca, Mexico, created the 

Sound Management of Chemicals program. The resolution created a working group composed of 

senior government officials from the Parties and set out a framework, together with specific 

commitments, for working together and with the CEC in addressing the sound management of 

chemicals in North America. The working group was instructed to first address the list of 

persistent organic pollutants included in United Nations Environment Programme Governing 

Council Decision 18/32 of May 1995, as well as “certain heavy metals.” 

North American Regional Action Plans (NARAPS) have been developed and were at different 

stages of implementation for DDT, chlordane, PCBs and mercury. In 2003, monitoring of 

children’s blood in the south of Mexico saw DDT levels decline by 60% since 2000. A Global 

Environment Facility grant in the amount of US$7.5 million was approved to assist with 

implementation of the NARAP on DDT in Mexico as well as to extend the effort to Central 

America. Chlordane was deregistered as a pesticide in the three countries and is no longer in use in 

North America. A monitoring plan was being devised to ensure that chlordane levels continue to 

track downwards as a result of the actions taken under the NARAP. The PCB Implementation 

Task Force prepared a status review of this NARAP, paying particular attention to the many 

aspects of the NARAP that are not dependent on the transboundary transport and destruction of 
21

unwanted PCB materials. Implementation of Phase II of the Mercury NARAP continued with 

projects such as the two year pilot mercury wet deposition monitoring initiative in Mexico. Two 

portable Tekran mercury monitoring instruments were loaned to Mexico by Canada in order to 

identify back ground levels of mercury as well as hot-spots in various locations. These initiatives 

were undertaken with the cooperation and support of the United States and Canadian 

governments. Phase I of a NARAP for dioxins and furans, and hexachlorobenzene, was released 

for public comment. A work plan was being developed for a NARAP on environmental 

monitoring and assessment. A project to monitor the blood of selected human populations in 

Mexico, Canada and the United States was launched with financial support from the World Bank. 

A NARAP was in preparation for lindane. A public meeting was held to discuss issues to be 

addressed in the NARAP. A draft decision document was prepared for lead and submitted for 

review by the Substance Selection Task Force based on comments from the public. 

The CEC was identified as the Executing Agency for a World Bank project providing financial 

support to Mexico for the development of its National Implementation Plan for Persistent Organic 

Pollutants under the Stockholm Convention. Further information on the SMOC initiative is 

available on the CEC web site at <www.cec.org>. 

Capacity Building for Pollution Prevention 

Since 1995, the CEC has worked to advance the concept of pollution prevention in North America, 

establishing a pollution prevention fund that has granted 61 loans totaling approximately 

US$1,450,000 to projects that have prevented chemical releases to the environment and achieved 

significant water savings. In 2003 the fund focused on assisting large industries in improving the 

environmental performance of their supply chains. The CEC supported the establishment of the 

Mexican Pollution Prevention Roundtable, bringing together 100 organizations from different 

sectors in Mexico under five working groups dealing with issues ranging from environmental 

policy to financing and technical assistance to small and medium sized enterprises. In 2003, the 

North American Pollution Prevention Partnership, with the support of the CEC, conducted 

collaborative work in areas related to environmental policy, environmental management systems 

and a pollution prevention information network for the region, and promoted a project with the 

electronics industry in North America. 

Children’s Health and the Environment in North America 

In 2003, work continued under the Cooperative Agenda for Children’s Health and the Environment 

in North America (available at <www.cec.org>). The Council approved a recommendations 

document on indicators of children’s environmental health and instructed the three countries to 

populate a core set of 12 indicators to support the preparation of the first North American 

indicators report in 2004. Workshops were held on the topics of risk assessment and children’s 

environmental health, and asthma and respiratory disease. 

Law and Policy Program Area 

Comparative Report on Environmental Standards 

The CEC finalized a report entitled Comparative Standards for Intensive Livestock Operations in 

Canada, Mexico, and the United States. The report draws some basic conclusions about the 

environmental requirements imposed on intensive livestock operations (ILOs) and makes 

recommendations on improving ILO management in North America. 
22 CEC Annual Report 2003 

Environmentally Sound Management and Tracking of Hazardous Waste 

Work continued towards the development of a North American approach for environmentally 

sound management (ESM) of hazardous waste and on a feasibility study for a pilot project on 

electronic tracking of hazardous waste movements among the NAFTA countries. A comparative 

study of the management of hazardous waste and recyclables in North America, and a report that 

explores opportunities for improving tracking and enforcement of hazardous waste shipments in 

North America, were finalized for posting on the CEC web site. The CEC began identifying 

priority waste streams of mutual concern in North America on which the Parties can work to 

strengthen ESM practices, with an initial focus on spent lead acid batteries. Finally, the CEC began 

identifying specific capacity building needs in Mexico for the ESM and tracking of hazardous 

waste. It also developed a draft online version of a trinational hazardous waste code dictionary for 

review by government experts. 

Enforcement and Compliance Cooperation 

The North American Working Group on Environmental Enforcement and Compliance 

Cooperation (the Enforcement Working Group (EWG)) drafted a strategic plan to guide its work 

for the next five years and invited comments from the public. As part of its capacity building 

agenda, the CEC sponsored a series of workshops and seminars on environmental enforcement: a) 

a workshop on transboundary law enforcement; b) a workshop on the illegal traffic of ozone 

depleting substances (ODS) that focused on i) awareness of the environmental and health 

implications of the depletion of the ozone layer, ii) the Montreal Protocol and the implementation 

in developed and developing countries, iii) enforcement experiences in the United States, iv) 

routes and methods of the illegal ODS traffic, v) identification of ODS containers, and vi) an 

analysis of practical cases; and c) a seminar on enforcement issues dealing with trade and the 

illegal harvest of protected plant species, focusing on i) law enforcement opportunities, ii) 

technical information and characteristics of the major taxonomic groups of commercial plant 

species, iii) trends in international trade, and iv) the role of networks in monitoring illegal trade. In 

addition, the North American Wildlife Enforcement Group (NAWEG) completed a draft report 

entitled Illegal Wildlife Trade in North America: International and Regional Issues and the Case for 

Cooperation. Finally, the CEC completed a draft Transboundary Enforcement Handbook for 

review by the Parties, including a list of government contacts to improve coordination. 

Sustainable Use and Conservation of Freshwater in North America 

The CEC worked on a North American freshwater information database. A data structure was 

established and water information resources were inventoried to provide database content. The 

information resources cover freshwater themes searchable by watershed, state or provinces, and 

content type. To harmonize the spatial information on freshwater in North America, the CEC 

organized a meeting for the Canadian, Mexican, and US Atlas (mapping) programs to cooperate 

on harmonizing mapping components across North America, and to define and implement a 

North American Atlas Framework in the production of paper and digital map products. 

Environmental Management Systems to Promote Compliance and Environmental 

Performance 

The CEC co-sponsored a workshop on best practices in Environmental Management Systems. 
23

Ten-year Review and Assessment Committee 

In June 2002, the CEC Council decided to undertake, by 2004, in collaboration with JPAC and a 

wide selection of organizations and institutions, a retrospective of the achievements of the CEC 

since 1994, including the environmental effects of NAFTA, with a view to charting a path for the 

next decade. To this end, in 2003, the Council appointed six persons to an independent Ten-year 

Review and Assessment Committee (TRAC). The TRAC issued a call for public comments on 

implementation of the NAAEC and held a meeting with JPAC. 
24 CEC Annual Report 2003 

Registry of Submissions on Enforcement Matters 2003 

ID. 

NUMBER SUBMITTERS END-OF-YEAR STATUS

SEM-97-002 Comité pro Limpieza del Río 

Magdalena 

Final Factual Record released to the 

public. Process terminated. 

SEM-97-006 The Friends of the Oldman River Final Factual Record released to the 

public. Process terminated. 

SEM-98-004 Sierra Club of British Columbia, et al. Final Factual Record released to the 

public. Process terminated. 

SEM-98-006 Grupo Ecológico “Manglar”, A.C. Final Factual Record released to the 

public. Process terminated. 

SEM-99-002 Alliance for the Wild Rockies, et al. Final Factual Record released to the 

public. Process terminated. 

SEM-00-004 David Suzuki Foundation et al. Final Factual Record released to the 

public. Process terminated. 

SEM-00-005 Academia Sonorense de Derechos 

Humanos et al. 

Preparing factual record. 

SEM-00-006 Comisión de Solidaridad y Defensa de 

los Derechos Humanos, AC 

Preparing factual record. 

SEM-02-001 Canadian Nature Federation et al. Awaiting Council's decision on 

development of factual record. 

SEM-02-003 Sierra Legal Defence Fund et al. Preparing factual record. 

SEM-02-004 Arcadio Pesqueira Senday et al. Determining whether a factual record 

is warranted. 

SEM-03-001 Waterkeeper Alliance, et al. Determining whether a factual record 

is warranted. 

SEM-03-002 Alfonso Ciprés Villareal, et al. Process terminated under Article 

14(1). 

SEM-03-003 Dr. Raquel Gutierrez Najera, et al Awaiting Party’s response under 

Article 14(2). 

SEM-03-004 Angel Lara García Determining whether a factual record 

is warranted. 

SEM-03-005 Waterkeeper Alliance, et al. Determining whether a factual record 

is warranted. 

SEM-03-006 Academia Sonorense de Derechos 

Humanos, A.C. and Domingo 

Gutiérrez Mendívil 

Determining whether a factual record 

is warranted. 
25

Submission ID: SEM-97-002 (RIO MAGDALENA) 

Submitter(s): Comité Pro Limpieza del Río Magdalena 

Party: Mexico 

Date received: 15 March 1997 

Summary of the matter addressed in the Submission: 

The Submitters allege that wastewater originating in the municipalities of Imuris, Magdalena de 

Kino, and Santa Ana, located in the Mexican state of Sonora, is being discharged into the 

Magdalena River without prior treatment. The Submitters assert that Mexico is failing to 

effectively enforce Mexican environmental legislation governing the disposal of wastewater with 

respect to these discharges. 

2003 Events: 

1. On 29 July 2003, the Secretariat submitted a draft factual record to Council, for a 45-day 

comment period on the accuracy of the draft. 

2. On 24 October 2003, the Secretariat submitted a final factual record to Council for 

Council's vote on whether to make the final factual record publicly available. 

3. On 5 December 2003, the Council voted to instruct the Secretariat to make the final 

factual record publicly available 

4. On 11 December 2003, the final factual record was publicly released. Process terminated. 

Submission ID: SEM-97-006 (OLDMAN RIVER II) 

Submitter(s): The Friends of the Oldman River 

Party: Canada 

Date received: 4 October 1997 

Summary of the matter addressed in the submission: 

The Submitter alleges that by relying on letters of advice, Canada is failing to apply, comply with, 

and enforce the habitat protection sections of the Fisheries Act and the Canadian Environmental 

Assessment Act. 

2003 Events: 

1. On 17 April 2003, the Secretariat submitted a draft factual record to Council, for a 45-day 

comment period on the accuracy of the draft. 

2. On 27 June 2003, the Secretariat submitted a final factual record to Council for Council's 

vote on whether to make the final factual record publicly available. 

3. On 7 August 2003, the Council voted to instruct the Secretariat to make the final factual 

record publicly available 

4. On 11 August 2003, the final factual record was publicly released. Process terminated. 
26 CEC Annual Report 2003 

Submission ID: SEM-98-004 (BC MINING) 

Submitter(s): Sierra Club of British Columbia, et al. 

Party: Canada 

Date received: 29 June 1998 

Summary of the matter addressed in the submission: 

The submission alleges a systemic failure by Canada to enforce the Fisheries Act to protect fish and 

fish habitat from the destructive environmental impacts of acid mine drainage from mines in 

British Columbia. 

2003 Events: 

1. On 28 March 2003, the Secretariat submitted a draft factual record to Council, for a 45-

day comment period on the accuracy of the draft. 

2. On 27 June 2003, the Secretariat submitted a final factual record to Council for Council's 

vote on whether to make the final factual record publicly available. 

3. On 7 August 2003, the Council voted to instruct the Secretariat to make the final factual 

record publicly available 

4. On 12 August 2003, the final factual record was publicly released. Process terminated. 

Submission ID: SEM-98-006 (AQUANOVA) 

Submitter(s): Grupo Ecológico Manglar, A.C. 

Party: Mexico 

Date received: 20 October 1998 

Summary of the matter addressed in the submission: 

The submission alleges that the Mexico is failing to effectively enforce its environmental laws with 

respect to the establishment and operation of Granjas Aquanova S.A. de C.V., a shrimp farm 

located in Isla del Conde, San Blas, Nayarit, Mexico. 

2003 Events: 

1. On 7 March 2003, the Secretariat submitted a draft factual record to Council, for a 45-day 

comment period on the accuracy of the draft. 

2. On 5 May 2003, the Secretariat submitted a final factual record to Council for Council's 

vote on whether to make the final factual record publicly available. 

3. On 23 June 2003, the Council voted to instruct the Secretariat to make the final factual 

record publicly available. The final factual record was publicly released. Process 

terminated. 
27

Submission ID: SEM-99-002 (CIEL-MIGRATORY BIRDS) 

Submitter(s): Alliance for the Wild Rockies, et al. 

Party: United States 

Date received: 19 November 1999 

Summary of the matter addressed in the submission: 

The Submitters allege that the United States Government is failing to effectively enforce the 

Migratory Bird Treaty Act (MBTA) against logging operations on federal and non-federal lands 

throughout the United States. 

2003 Events: 

1. On 21 February 2003, the Secretariat submitted a final factual record to Council for 

Council's vote on whether to make the final factual record publicly available. 

2. On 22 April 2003, the Council voted to instruct the Secretariat to make the final factual 

record publicly available 

3. On 24 April 2003, the final factual record was publicly released. Process terminated. 

Submission ID: SEM-00-004 (BC LOGGING) 

Submitter(s): David Suzuki Foundation et al. 

Party: Canada 

Date received: 15 March 2000 

Summary of the matter addressed in the submission: 

The Submitters allege that Canada is failing to effectively enforce the Fisheries Act in connection 

with logging activities throughout British Columbia. 

2003 Events: 

1. On 15 April 2003, the Secretariat submitted a draft factual record to Council, for a 45-day 

comment period on the accuracy of the draft. 

2. On 27 June 2003, the Secretariat submitted a final factual record to Council for Council's 

vote on whether to make the final factual record publicly available. 

3. On 7 August 2003, the Council voted to instruct the Secretariat to make the final factual 

record publicly available 

4. On 11 August 2003, the final factual record was publicly released. Process terminated. 

Submission ID: SEM-00-005 (MOLYMEX II) 

Submitter(s): Academia Sonorense de Derechos Humanos, A.C. & Domingo Gutiérrez 

Mendívil 

Party: Mexico 

Date received: 6 April 2000 

Summary of the matter addressed in the submission: 

The Submitters allege that Mexico failed to effectively enforce the General Law of Ecological 

Equilibrium and Environmental Protection (Ley General del Equilibrio Ecologico y la Proteccion 
28 CEC Annual Report 2003 

al Ambiente—LGEEPA) in relation to the operation of the company Molymex, S.A. de C.V. 

(Molymex) in the town of Cumpas, Sonora, Mexico. 

2003 Events: 

The Secretariat continued the process of preparing a factual record which began in 2002. 

Submission ID: SEM-00-006 (TARAHUMARA) 

Submitter(s): Comisión de Solidaridad y Defensa de los Derechos Humanos, AC 

Party: Mexico 

Date received: 9 June 2000 

Summary of the matter addressed in the submission: 

The Submitters allege a failure by Mexico to effectively enforce its environmental law by denying 

access to environmental justice to Indigenous communities in the Sierra Tarahumara in the State 

of Chihuahua. They particularly assert failures to effectively enforce environmental law relative to 

the citizen complaint process, to alleged environmental crimes and other to alleged violations with 

respect to forest resources and the environment in the Sierra Tarahumara. 

2003 Events: 

1. On 22 April 2003, the Council voted to instruct the Secretariat to develop a Factual 

Record. 

2. On 15 May 2003, the Secretariat placed a work plan on its web site or otherwise made it 

available to the public and stakeholders. 

3. On 2 September 2003, the Secretariat posted a request for information relevant to the 

factual record on its web site. 

Submission ID: SEM-02-001 (ONTARIO LOGGING) 

Submitter(s): Canadian Nature Federation et al. 

Party: Canada 

Date received: 6 February 2002 

Summary of the matter addressed in the submission: 

The Submitters assert that Canada is failing to effectively enforce section 6(a) of the Migratory 

Bird Regulations (MBR) adopted under the Migratory Birds Convention Act 1994, with respect to 

migratory bird nest destruction by clear-cut logging in Ontario. 

2003 Events: 

1. On 22 April 2003, the Council decided to defer voting on whether to instruct the 

Secretariat to prepare a factual record. 

2. On 20 August 2003, the Secretariat received new or supplemental information from the 

Submitter(s). 

3. On 21 August 2003, the Secretariat requested additional information from the concerned 

government Party. 

4. On 16 October 2003, the Secretariat received additional information from the concerned 

government Party. 
29

5. On 17 December 2003, the Secretariat supplemented its recommendation to Council that 

a factual record be prepared. 

Submission ID: SEM-02-003 (PULP & PAPER) 

Submitter(s): Sierra Legal Defence Fund et al. 

Party: Canada 

Date received: 8 May 2002 

Summary of the matter addressed in the submission: 

The submitters allege that Canada is failing to effectively enforce the pollution prevention 

provisions of the Fisheries Act, and provisions of the Pulp and Paper Effluent Regulations, against 

pulp and paper mills in Quebec, Ontario and the Atlantic provinces. 

2003 Events: 

1. On 8 October 2003, the Secretariat informed Council that the Secretariat considered that 

the submission warranted development of a factual record. 

2. On 11 December 2003, the Council voted to instruct the Secretariat to develop a factual 

record. 

Submission ID: SEM-02-004 (EL BOLUDO PROJECT) 

Submitter(s): Arcadio Pesqueira Senday et al. 

Party: Mexico 

Date received: 23 August 2002 

Summary of the matter addressed in the submission: 

The Submitters assert that Mexico is failing to effectively enforce the General Law of Ecological 

Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la Protección al 

Ambiente—LGEEPA), paragraphs III and IV of Article 15 of the LGEEPA Hazardous Waste 

Regulations and the Mining Law and its Regulations, with respect to the “El Boludo” gold mining 

project on the Submitters’ land, in the Municipality of Trincheras, Sonora, Mexico. 

2003 Events: 

1. On 9 January 2003, the Secretariat received a response from the concerned government 

Party and began considering whether to recommend a factual record. 

Submission ID: SEM-03-001 (ONTARIO POWER GENERATION) 

Submitter(s): Waterkeeper Alliance, et al. 

Party: Canada 

Date received: 1 May 2003 

Summary of the matter addressed in the submission: 

The submitters assert that Canada is failing to effectively enforce sections 166 and 176 of the 

Canadian Environmental Protection Act and section 36(3) of the Fisheries Act, with respect to 

emissions of mercury, sulfur dioxide and nitrogen oxides from Ontario Power Generation's (OPG) 

coal-powered facilities. 
30 CEC Annual Report 2003 

2003 Events: 

1. On 8 May 2003, the Secretariat acknowledged receipt of a submission and began a 

preliminary analysis of it under the guidelines. 

2. On 15 July 2003, the Secretariat notified the submitter(s) that the submission did not 

meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the 

Secretariat with a revised submission that conforms with Article 14(1). 

3. On 14 August 2003, the Secretariat received a revised submission and began to analyze it. 

4. On 19 September 2003, the Secretariat determined that the revised submission met the 

criteria of Article 14(1) and requested a response from the concerned government Party 

in accordance with Article 14(2). 

5. On 18 November 2003, the Secretariat received a response from the concerned 

government Party and began considering whether to recommend a factual record. 

Submission ID: SEM-03-002 (HOME PORT XCARET) 

Submitter(s): Alfonso Ciprés Villareal, et al. 

Party: Mexico 

Date received: 14 May 2003 

Summary of the matter addressed in the submission: 

The Submitters allege that Mexico is failing to effectively enforce Article 34 of the General Law of 

Ecological Balance and Environmental Protection (Ley General del Equilibrio Ecológico y la 

Protección al Ambiente—LGEEPA) and Articles 37, 38 and 40 through 43 of the Environmental 

Impact Regulations, with respect to the EIA for the Home Port Xcaret project in the state of 

Quintana Roo, Mexico. 

2003 Events: 

1. On 15 May 2003, the Secretariat acknowledged receipt of a submission and began a 

preliminary analysis of it under the guidelines. 

2. On 31 July 2003, the Secretariat notified the submitter(s) that the submission did not 

meet all of the Article 14(1) criteria and the submitter(s) had 30 days to provide the 

Secretariat with a revised submission that conforms with Article 14(1). 

3. The thirty-day term expired without the Secretariat receiving a submission that 

conformed to Article 14(1). Therefore, the process was terminated on 2 September 2003, 

under guideline 6.2. 

Submission ID: SEM-03-003 (LAKE CHAPALA II) 

Submitter(s): Dr. Raquel Gutierrez Najera, et al 

Party: Mexico 

Date received: 23 May 2003 

Summary of the matter addressed in the submission: 

The Submitters assert that Mexico is failing to effectively enforce its environmental law with 

respect to the management of the Lerma-Chapala-Santiago-Pacífico basin, resulting in serious 

environmental deterioration and uneven water distribution in the basin, as well as the risk that 

Lake Chapala and its migratory birds will eventually disappear. 
31

2003 Events: 

1. On 28 May 2003, the Secretariat acknowledged receipt of a submission and began a 

preliminary analysis of it under the guidelines. 

2. On 19 December 2003, the Secretariat determined that the submission met the criteria of 

Article 14(1) and requested a response from the concerned government Party in 

accordance with Article 14(2). 

Submission ID: SEM-03-004 (ALCA-IZTAPALAPA II) 

Submitter(s): Angel Lara García 

Party: Mexico 

Date received: 17 June 2003 

Summary of the matter addressed in the submission: 

The Submitter asserts that Mexico is failing to effectively enforce Article 150 of the General Law of 

Ecological Balance and Environmental Protection (Ley General del Equilíbrio Ecológico y la 

Protección al Ambiente—LGEEPA), with respect to a citizen complaint filed with the Office of the 

Federal Attorney General for Environmental Protection (Procuraduría Federal de Protección al 

Ambiente—Profepa) in 1995, regarding environmental irregularities in the operation of a footwear 

materials factory located in the Santa Isabel Industrial neighborhood of Iztapalapa Delegation in 

Mexico, D.F., where the Submitter lives. 

2003 Events: 

1. On 30 June 2003, the Secretariat acknowledged receipt of a submission and began a 

preliminary analysis of it under the guidelines. 

2. On 9 September 2003, the Secretariat determined that the submission met the criteria of 

Article 14(1) and requested a response from the concerned government Party in 

accordance with Article 14(2). 

3. On 4 December 2003, the Secretariat received a response from the concerned government 

Party and began considering whether to recommend a factual record. 

Submission ID: SEM-03-005 (MONTREAL TECHNOPARC) 

Submitter(s): Waterkeeper Alliance, et al. 

Party: Canada 

Date received: 14 August 2003 

Summary of the matter addressed in the submission: 

The submitters assert that Canada is failing to effectively enforce section 36(3) of the Fisheries Act, 

with respect to polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs) and 

other pollutants being discharged from Technoparc, the site of an historic industrial and 

municipal waste landfill. 

2003 Events: 

1. On 15 August 2003, the Secretariat acknowledged receipt of a submission and began a 

preliminary analysis of it under the guidelines. 
32 CEC Annual Report 2003 

2. On 15 September 2003, the Secretariat determined that the submission met the criteria of 

Article 14(1) and requested a response from the concerned government Party in 

accordance with Article 14(2). 

3. On 14 November 2003, the Secretariat received a response from the concerned 

government Party and began considering whether to recommend a factual record. 

Submission ID: SEM-03-006 (CYTRAR III) 

Submitter(s): Academia Sonorense de Derechos Humanos, A.C. and Domingo Gutiérrez 

Mendívil 

Party: Mexico 

Date received: 15 August 2003 

Summary of the matter addressed in the submission: 

The submission asserts that Mexico is failing to effectively enforce its environmental law in 

relation to the establishment and operation of the Cytrar landfill in Sonora, Mexico. 

2003 Events: 

1. On 21 August 2003, the Secretariat acknowledged receipt of a submission and began a 

preliminary analysis of it under the guidelines. 

2. On 29 August 2003, the Secretariat determined that the submission met the criteria of 

Article 14(1) and requested a response from the concerned government Party in 

accordance with Article 14(2). 

3. On 21 November 2003, the Secretariat received a response from the concerned 

government Party and began considering whether to recommend a factual record. 
33

Linking North American Communities: North American Fund for 

Environmental Cooperation 

Since the North American Fund for Environmental Cooperation (NAFEC) was created in 1995, 

the CEC has issued 195 grants totaling C$9.36 million to community-based projects that 

complement the work of the CEC, promote the goals and objectives of the NAAEC, produce 

concrete results and make the link between local community work and the North American 

environment. Grants are awarded by a six-member (two from each country) selection committee, 

who select grantees from the numerous proposals submitted in response to the call for proposals 

on specific topics selected by the CEC. In 2003, NAFEC disbursed a total of C$674,700 to 18 

community-based projects in Canada, Mexico and the United States dealing with environmental 

monitoring and assessment related to human health, including activities to increase citizen 

participation in implementing local solutions to environmental problems. The projects were as 

follows: 

Grants awarded in 2003 

(all figures in Canadian dollars) 

• Beneficial Management Practices Demonstration: A Residential Project – Canada, 

C$40,000 

• Citizen Information and Training for the Sustainability of the Sonora River – Mexico, 

C$40,000 

• Clearing the Air: Empowering Citizen Volunteers to Monitor Air Quality Downwind of 

Hamilton's Industrial Core – Canada, C$7,500 

• Documentation of Harm to Health, Toxic Substances and Human Rights at the Atoyac 

River – Mexico, C$40,000 

• Environmental Health and Healing in Baja California's Indigenous Communities – 

Mexico, C$40,000 

• Environmental Monitoring for the Ecological Regulation of the Atoyac River High Basin 

– Mexico, C$36,200 

• Human Health Protection through Airshed Management using Environmental 

Monitoring and Assessment and Community Involvement in the Bulkley Valley and 

Lakes Districts of British Columbia – Canada, C$40,000 

• Iowa CCI's Grassroots Water and Air Monitoring Project – United States, C$40,000 

• Mexico-US Collaboration on the Santa Cruz River: Improving Human Health and 

Restoring Riparian Corridors – United States, Mexico, C$40,000 

• New York Bucket Brigade Community Monitoring Project – United States, C$40,000 

• Putting Factory Farms to the Test – Canada, C$28,000 

• Reducing Contamination in the Yukon River Watershed and Food Chain through 

Improved Monitoring, Assessment, and Coordination – United States, C$40,000 

• Reduction of Exposure to Lead Monoxide in the Purépechas Pottery-producing 

Communities in Santa Fe de la Laguna and Tzintzuntzan, Michoacán, Mexico – C$40,000 

• Sustainable Municipal Planning in Maruata, Mexico: Building Capacity in Indigenous 

Communities – United States, Mexico, C$40,000 

• The Border Environmental Health Tracking Project – C$40,000 
34 CEC Annual Report 2003 

• The Impacts of Environmental Contamination on Asubpeeschoseewagong Netum 

Anishinabek (Grassy Narrows First Nation) and Wabauskang First Nation – Canada, 

C$40,000 

• Water Action Chelsea/Action-eau Chelsea – Canada, C$40,000 

• Young People conducting Environmental Tracking and Assessment for Health in the 

Yucatán Hydrological Basin – Mexico, C$40,000 
35

Country Reports 
36 CEC Annual Report 2003 

Canada 

Country Report on Implementation of the Commitments Derived from the NAAEC 

The following report was submitted to the CEC Secretariat by Environment Canada in accordance 

with NAAEC. It is intended to highlight certain activities undertaken to meet the obligations of the 

NAAEC by the federal government and the three signatory provinces—Alberta, Manitoba and 

Quebec. 

ARTICLE 2 – GENERAL COMMITMENTS 

Article 2(1)(a) – State of the Environment Reports 

ENVIRONMENT CANADA 

Environmental Signals 2003 

In spring 2003, Environment Canada published two companion indicator reports: 

• Environmental signals: Canada’s National Environmental Indicator Series 2003 depicts 

trends in the environment through the use of 55 environmental indicators, organized in 

four theme areas: ecological life-support systems; human health and well-being; natural 

resources sustainability; and human activities <http://www.ec.gc.ca/soerree/English/Indicator_series/default.cfm>. 

• Environmental Signals: Headline Indicators 2003 highlights a set of nine key indicators 

that are aimed at providing a succinct overview for policy- and decision-makers and for 

non-specialist, environmentally concerned Canadians <http://www.ec.gc.ca/soerree/English/headlines/toc.cfm>. 

Work is currently under way to produce the second edition of the main report, which is planned 

for release in mid-2005. 

The State of the Environment Infobase 

The State of the Environment Infobase web site <http://www.ec.gc.ca/soerree/English/default.cfm> has been operational on Environment Canada’s Green Lane for the past 

seven years. It continues to evolve and provides access to an increasingly broad range of 

environmental reporting information including the Environmental Signals reports, the National 

Ecological Spatial Framework (ecozones and ecoregions) and links to provincial, territorial, and 

some international SOE reports. 

National Environmental Indicators and State of the Environment Reporting 

Strategy and Background Reports 

In response to the challenge of managing and sharing knowledge creatively to better serve 

Canadians, Environment Canada has prepared a draft report entitled Environmental Indicators 

and State of the Environment Reporting Strategy, 2004–2009: Environment Canada. The current 

draft of the Strategy outlines four goals for making Environment Canada’s environmental 

reporting more effective. 
37

Development of the Strategy benefited from a broad consultation within Environment Canada and 

with indicator practitioners across Canada. 

Two accompanying background reports were finalized and will be published in 2004: 

• Background Paper No. 1, Current status, trends, and perceptions regarding environmental 

indicators and state of the environment reporting in Canada, provides analysis of the 

major forces shaping the development and use of environmental indicators and SOE 

reporting in Canada. 

• Background Paper No. 2, Environmental indicators and state of the environment 

reporting: an overview for Canada, provides background information on indicators and 

reporting initiatives of Environment Canada and its partners, other Government of 

Canada agencies, the provinces and territories, interdepartmental and intergovernmental 

programs, and international initiatives. It also presents the results of a survey of 

indicators practitioners and senior decision-makers in Canada to obtain an 

understanding of views about the current approaches and future directions for 

environmental indicators and reporting initiatives in Canada. 

Canadian Sustainability Indicators Network 

Environment Canada is leading the development of the Canadian Sustainability Indicators 

Network (CSIN), a community of practice for sustainability indicators and state of reporting in 

Canada. This network is facilitating the exchange of knowledge and information on activities and 

best practices for the development and delivery of indicators and reporting among federal 

departments, provinces, regions, communities, and nongovernmental organizations. A national 

meeting was held in Halifax, Nova Scotia, Tuesday, 25 November 2003, with the theme of Mixing 

strategic thinking and knowledge sharing. Several virtual Learning Workshops have been held over 

the Internet, bringing practitioners from across Canada together. 

State of the Environment Reporting at the Regional Level in Canada 

Environmental indicator and state of the environment reports were released or completed for 

several ecosystems in Canada in 2003–2004, including: 

• Georgia Basin Action Plan. The Georgia Basin is a transboundary ecosystem, which 

includes Georgia Strait, the Strait of Juan de Fuca, Puget Sound in Washington State, and 

the surrounding heights of land and watersheds. In April 2003, Environment Canada 

supported the renewal of the Georgia Basin Ecosystem Initiative, to be renamed as the 

Georgia Basin Action Plan — <http://www.pyr.ec.gc.ca/georgiabasin/index_e.htm>. In 

September 2003, the report Georgia Basin Ecosystem Initiative (GBEI) — a five-year 

perspective was released 

<http://www.pyr.ec.gc.ca/georgiabasin/reports/5_year_perspective/summary_e.htm>. 

• The State of the Great Lakes 2003 is the fifth biennial state of the environment report 

issued by the governments of Canada and the United States under the Great Lakes Water 

Quality Agreement. The 2003 report assesses the environmental status of based on 

information for 43 indicators <http://binational.net/sogl2003/index.html>. 

• The Mackenzie River Basin Board neared completion of its State of the Aquatic Ecosystem 

Report by the end of 2003. This report is expected to be released in 2004, in both print 

format and on the Mackenzie River Basin Board web site 

<http://www.mrbb.ca/default.asp>. 

As well, new and updated regional environmental indicators were posted on Environment 

Canada’s Pacific and Yukon Region web site: 

ttp://www.ecoinfo.ec.gc.ca/env_ind/indicators_e.cfm>. 
38 CEC Annual Report 2003 

ENVIRONMENT CANADA INPUT TO OTHER SOE REPORTING INITIATIVES 

National Round Table on the Environment and the Economy (NRTEE) 

Environment and Sustainable Development Indicators (ESDI) Initiative 

In spring 2003, the NRTEE published its benchmark report State of the Debate: Environment and 

Sustainable Development Indicators for Canada <http://www.nrteetrnee.ca/eng/programs/Current_Programs/SDIndicators/ESDI-Report/ESDIReport_IntroPage_E.htm>. The Environment and Sustainable Development Indicators (ESDI) 

Initiative recommended the regular reporting of the following five “natural capital’ indicators: 

• air quality trend indicator: population-weighted measure of exposure to ozone; 

• freshwater quality indicator: national sample of the state of water quality; 

• greenhouse gas emissions indicator: national total annual emissions of greenhouse gases; 

• forest cover indicator: tracking the change of the percentage of Canada’s total ground area 

that is covered by forests; and 

• extent of wetlands indicator: tracking the change of the percentage of Canada’s total 

ground area that is covered by wetlands. 

Based on this NRTEE report, the Government of Canada stated in the 2004 Speech from the 

Throne its goal of incorporating key indicators on clean water, clean air, and greenhouse gas 

emissions reduction into its decision-making. Environment Canada, along with Statistics Canada 

and other partners, are now developing an initiative to enable annual national reporting of these 

three indicators. 

New Environmental Reporting Tools under Development and Testing 

A Canadian Biodiversity Index (CBI) is being developed under the auspices of the 

federal/provincial/territorial wildlife ministers. It is being designed to provide Canadians and 

decision-makers with a clear, easy-to-understand message on the state of biodiversity in Canada. 

The current vision for the CBI is to aggregate ecosystem assessments, done at the local scale, into a 

national index. The first phase involved the development of a draft framework. The next phase will 

involve ‘proof of concept’ testing for the Index. 

The Water Quality Index (WQI), which was tested and then endorsed by the Canadian Council 

of Ministers of the Environment (CCME) in 2001, has now been applied across Canada. In 2002–

2003, a pilot study in Atlantic Canada was conducted by Environment Canada and its provincial 

partners. The study resulted in a set of recommended improvements to the Index and a report on 

the status of water quality in selected watersheds across Atlantic Canada, which will be published 

in 2004. 

Since the CCME) Water Quality Index (WQI) was selected as the Freshwater Quality Indicator in 

a national suite of six Environment and Sustainable Development Indicators recommended by the 

NRTEE, a national CCME workshop of 55 water quality experts (provincial, territorial, and 

federal) met in November 2003, to address issues related to calculation and application of the 

Water Quality Index as the national Freshwater Indicator. The resulting recommendations are 

helping to guide work on improvements needed for regular national reporting of the WQI. 

Treasury Board of Canada Performance Reports for Canada 

Canada's Performance 2003 is the president of the Treasury Board's ninth annual report to 

Parliament on government performance. The report has a chapter on the Canadian environment 

that presents information based on five indicators: climate change, assessed by Canadian 

greenhouse gas emissions; air quality, assessed by the number of good, fair and poor days, on the 
39

basis of the Index of the Quality of Air; water quality, assessed by the percentage of the municipal 

population with wastewater treatment; biodiversity, assessed by the number of species at risk; and 

toxic contaminants in the environment, assessed by the accumulation of contaminants in animals 

at the top of the food chain. Starting in 2003, climate change is also included. Indicators will be 

reviewed and revised or updated yearly where feasible. 

The report is available in print format and on the Internet at <http://www.tbssct.gc.ca/report/govrev/03/cp-rc1_e.asp>. Previous reports are available at: 

<http://www.tbs-sct.gc.ca/rma/communic/communie.asp>. The report for 2004 is 

in preparation. 

ALBERTA 

State of the Environment Reports 

A State of the Environment Report on Wildlife was released in the 2002–2003 fiscal year. This 

report presents an overview of population trends for major wildlife groups and describes the 

pressures facing Alberta’s wildlife. Actions being taken to protect wildlife are also described. 

Electronic copies of the report are available at <www3.gov.ab.ca/env/resedu/soe/SOEWild.pdf>. 

The northern half of Alberta is part of the Mackenzie River basin. During much of 2003, Alberta 

gathered information for a State of the Aquatic Ecosystem report being prepared by the Mackenzie 

River Basin Board. This Board includes six Canadian jurisdictions responsible for water 

management in this major northern watershed. The final report will be published in 2004. 

Alberta River Water Quality Reporting 

Alberta Environment (AENV) monitors surface water quality at many river and lake locations. 

Each year, water quality data are collected consistently at 24 river sites throughout the province, 

which make up the provincial Long-term River Network (LTRN). Alberta’s River Water Quality 

Index is calculated annually for each of these sites based on monthly data collected between April 

of one year and March of the next. 

The water quality index is used to evaluate water in Alberta’s major river systems with respect to 

four groups of variables: metals, bacteria, nutrients and pesticides. Results from these four groups 

are combined to provide an indication of overall water quality. The index can be used to show 

relative differences in water quality between rivers, between sites on the same river (e.g., upstream 

and downstream from cities), and over time. 

Further information on the Index is available on Alberta Environment’s surface water quality web 

site at: <http://www3.gov.ab.ca/env/water/SWQ/resources01.cfm>.

Air Quality Reporting 

In Alberta, air quality in monitored continuously at about 40 stations operated by Alberta 

Environment and regional airshed associations. An additional 100 monitoring stations are 

operated by industry as a requirement in their respective approvals to operate. 

Alberta’s Air Quality Index (AQI) is reported every hour at major urban centers across the 

province. The AQI converts concentrations of five major air pollutants into a single number and 

corresponding verbal description. The index values can range from 0 to >100—the higher the 

index number, the greater the level of air pollution. The AQI uses hourly concentrations of carbon 

monoxide, fine particulate matter (PM2.5), nitrogen dioxide, ozone and sulfur dioxide. 

Concentrations of these pollutants are directly related to provincial and federal air quality 

objectives and Canada-wide Standards. 
40 CEC Annual Report 2003 

Real-time air quality ratings are available on-line at Alberta Environment’s web site at 

<www3.gov.ab.ca/env> (click on “Air” then “Current Air Quality”). Historical air quality data 

collected at over 40 monitoring stations in Alberta is available at the CASA (Clean Air Strategic 

Alliance) Data Warehouse at <www.casadata.org>. Current air quality conditions are also available 

through an automated phone system that can be accessed toll free at (877) 247-7333. 

Forest Health Reporting 

Alberta Sustainable Resource Development monitors forest health conditions by conducting 

annual surveys of forest pests, including spruce budworm, aspen defoliators and mountain pine 

beetle. The 2003 results have been published in the 8th annual forest health report titled 2003 

Annual Report: Forest Health in Alberta. This report summarizes the forest health conditions as 

well as the management and research of forest insect pests, diseases and invasive plants in Alberta 

in 2003. Annual reports are available at: 

 <http://www3.gov.ab.ca/srd/forests/health/p_reports.html>.

QUEBEC 

Quebec published 34 documents in 2003, 15 of which were made available on the Internet site of 

the ministère de l’Environnement du Québec (MEQ—<http://www.menv.gouv.qc.ca>). The 

documents published included 10 scientific papers, one section of the Internet site on smogrelated air quality, three scientific articles, three plain-language documents, 14 science conferences, 

one brochure on wood heating, and one video guide. 

Several documents dealt with air quality: (<http://www.menv.gouv.qc.ca/Air/inter.htm>), with the 

MEQ continuing its summer and winter “info-smog” programs in collaboration with its partners, 

and distributing documentation on wood heating. 

The other documents dealt with water (<http://www.menv.gouv.qc.ca/eau/inter.htm>): the impact 

of emissions reductions on lake acidity, the effects of pesticides (hexazinone monitoring in 

blueberry fields and human exposure to pesticides), water quality in the St. Lawrence River 

(indicators of the state of the St. Lawrence, monitoring of shoreline water quality, bacterial levels 

in Lac St-Pierre) and several other rivers (Assomption, Bayonne and Bécancour), the benefits of 

aeration methods in lake rehabilitation, toxic contamination (high fish mortality in the 

Bourlamaque river, recent changes in contamination levels in the St. Lawrence, contamination of 

four lakes in the Chibougamau region), the impact of agriculture on rivers (Boyer Nord and Brasd’Henri rivers), hydrosedimentary monitoring of rivers in the Saguenay region, status of the bluegreen algae and phosphorus situations in Québec, and biological monitoring of rivers (ruisseau 

Saint-Georges, small waterway monitoring). 

Québec published the reference document for the omnibus hearing for the Parliamentary 

Commission on transportation and the environment: Contexte, enjeux et orientations sur la mise 

en œuvre du Protocole de Kyoto (Context, issues and directions on implementing the Kyoto 

Protocole). 

In 2003, the crown corporation RECYC-QUÉBEC (<http://www.recycquebec.gouv.qc.ca/client/fr/accueil.asp>) published its 2002 overview of waste management in 

Québec. This overview compiled data on waste generation of three sectors in Québec: the 

municipal sector; the industrial, commercial and institutional sector; and the construction, 

renovation and demolition sector. The overview also specified quantities generated according to 

waste stream: recycling, composting, or elimination. The 2002 overview identified the number of 

management institutions for each treatment type (number of sanitary landfills, recycling plants, 

etc.) and presented information on the economic activity generated by waste management. 
41

With respect to wildlife, in 2003, the Québec government published reports on the state of four 

animal species likely to be designated as vulnerable or threatened under the Act respecting 

threatened or vulnerable species. These species are the woodland caribou, the Canada lynx, the 

Allegheny Mountain dusky salamander, and Blanding’s turtle. A rehabilitation plan was also 

published for stream salamanders. 

An overview of the St. Lawrence was produced by the State of the St. Lawrence Monitoring 

Program as part of the 1998–2003 phase of the St. Lawrence Vision 2000 Action Plan (SLV 2000). 

SLV 2000’s four partners contributed to the overview: Environment Canada, the MEQ, Fisheries 

and Oceans Canada, and the Société de la faune et des parcs du Québec. 

MANITOBA 

Manitoba has moved from producing state of the environment reports every two years to a 

“sustainability report,” which provides important information to Manitobans on key sustainability 

issues and trends. Under the Sustainable Development Act proclaimed in 1998, the Manitoba 

government must prepare a sustainability report based on a chosen set of indicators by July 2005. 

This work is underway, a draft set of sustainability indicators has been proposed, and all 

government departments in 2003 continued providing material, data, and feedback for a draft 

sustainability report through the mechanism of an intergovernmental working group, coordinated 

by Manitoba Conservation. 

Article 2(1)(b) – Environmental Emergency Preparedness Measures 

ENVIRONMENT CANADA 

Environmental Emergency Plans for Industrial Facilities: 

On 10 September 2003, Environment Canada published regulations under s.200 of CEPA 1999 

requiring the development and implementation of Environmental Emergency (E2) Plans for 174 

substances that, if released to the environment as a result of an environmental emergency, may 

harm human health or environmental quality. These substances include 16 that are on the List of 

Toxic Substances under CEPA 1999 or are proposed for addition to it. The regulations came into 

force on 18 November 2003. Environmental Emergency Plans must address prevention, 

preparedness, response and recovery. 

The regulations apply to anyone storing or using a listed substance above the specified threshold, 

or who has a container with a capacity for that substance in excess of the specified quantity. They 

are then required to notify Environment Canada of the place where the substance is held, along 

with the maximum expected quantity and the size of the largest container for that substance. If 

both the maximum expected quantity and the capacity of the largest container exceed the 

threshold, an environmental emergency plan is required and Environment Canada must be 

notified accordingly. 

As per the Environmental Emergency Regulations, a regulatee must submit three notices 

(submission deadlines are shown in parentheses): 

• Notice of Identification of Substance and Place within 90 days of the Environmental 

Emergency Regulations coming into force (16 February 2004) or from the date on which 

the requirements of the regulations are met; 

• Notice of Plan Preparation within six months of the Environmental Emergency 

Regulations coming into force (18 May 2004) or from the date on which an 

environmental emergency plan is required; 
42 CEC Annual Report 2003 

• Notice of Plan Implementation and Testing within one year of the Environmental 

Emergency Regulations coming into force (18 November 2004) or from the date on 

which an environmental emergency plan is required. 

ALBERTA 

Emergency Management Facility and Notification System 

Alberta's security has been strengthened by a new state-of-the-art emergency management facility, 

which was officially opened on 18 December 2003. The $1.4 million, 17,000 square foot 

Emergency Management Alberta (EMA) Operations Centre serves as coordination centre for 

disasters and major emergencies across the province. It houses separate operations facilities to 

manage counter-terrorism, natural disasters, and the sustainability of critical government services. 

An Emergency Notification System that enables EMA to access more than 340 layers of data 

supports the facility. With this system, the EMA can access current environmental conditions, 

critical infrastructure and other factors in all areas of Alberta. The Emergency Notification System 

includes a mapping system that has the ability to share information, including current weather 

conditions, complete transportation infrastructure layouts and response agency information with 

all Alberta municipalities and First Nations communities. 

QUEBEC 

Quebec has a province-wide emergency response system known as Urgence-Environnement. The 

MEQ has set up an emergency coordination bureau (Bureau de coordination des urgencies—BCU) 

to support regional action teams and oversee the operations of the emergency call center, which 

accepts emergency calls 24 hours a day, seven days a week. To publicize the telephone number of 

the center and the services of Urgence-Environnement, an information campaign was carried out 

among governmental and municipal partners. Promotional material (brochures and stickers) were 

designed for this purpose. 

The ongoing training of Urgence-Environnement agents is a vital aspect of the organization. To 

this end, courses on the following topics were updated and offered: the ministry’s emergency plan; 

hydrocarbon spills; and releases of hazardous materials and the nuclear emergency plan, which 

included a nuclear accident simulation. The MEQ also took part in a number of exercises held by 

its partners, among the most significant of which were “Roche Brisée II” of the ministère de la 

Sécurité publique (MSP), which simulated an earthquake in the Québec City region; and the 

“Prévention 2003” exercise of the Canadian Coast Guard, which simulated a maritime spill in the 

North Shore region. 

In terms of planning, the MEQ focused on the elimination of large numbers of carcasses and 

animal by-products that would occur following an epizootic crisis, and on emergencies involving 

chemical, biological, radiological and nuclear substances (CBRN). 

For several years, the MEQ—through its center of expertise in environmental analysis—has 

dedicated a fleet of three mobile laboratories to on-site response in environmental emergencies. 

The first of these labs, the TAGA 6000 (trace atmospheric gas analyzer), specializes in sampling, 

identifying and quantifying airborne pollutants using a tandem mass spectrometer. The primary 

advantage of this lab is that it can analyze ambient air in real time while on the move. The second 

lab, the expert environmental analysis lab, is dedicated to environmental characterization and is 

used for sampling and analysis on various sites and for assessing environmental quality. Finally, 

the mobile, multi-purpose lab is generally used for projects of large scope that require several days 

of sampling and analysis in the field. This lab can analyze most environmental pollutants found in 

soil, water, liquid and solid wastes, and hazardous materials. The analyses are carried out using 
43

processes and instruments adapted to the problem encountered in the field. These mobile units are 

frequently present during field operations in order to carry out the on-site environmental analyses 

needed to make sound decisions. In 2003, these units were used on site in the course of three 

environmental emergencies. 

Article 2(1)(c) – Environmental Education 

ENVIRONMENT CANADA 

As part of the implementation of the Framework for Environmental Learning and Sustainability in 

Canada, released at the World Summit on Sustainable Development on 3 September 2002, work is 

underway to implement some of the recommendations made by environmental educators. Over 

240 groups across Canada have developed action plans in support of the Framework, including 

federal departments and agencies, provincial governments, municipalities, labor organizations, 

nongovernmental organizations, educational institutions, seniors, youth groups, aboriginal groups 

and others representing all sectors of Canadian society. 

An annual report providing an overview of activities delivered by action plan providers in support 

of the Framework is available online. In addition, Environment Canada undertook a mapping 

exercise of its many and diverse environmental learning and outreach initiatives. The exercise 

culminated in the identification of more than 130 initiatives across the Department. 

The annual report on action plans in support of the Framework for Environmental Learning and 

Sustainability in Canada and the Inventory of Environmental Learning and Outreach Initiatives at 

Environment Canada is available on Environment Canada's web site at <www.ec.gc.ca/education>.

In November 2003, Environment Canada’s National Office of Pollution Prevention released a 

series of lesson plans for elementary educators across Canada. The series, entitled “Lessons in 

Pollution Prevention," currently contains six different lesson plans that touch on environmental 

issues, such as greenhouse gases and climate change, waste management, and environmental 

technologies. The lesson plans are designed for students aged 10 to 14 and contain instructions for 

teachers, activities for students, suggestions for follow-up learning as well as materials and time 

needed to complete the lesson. The lesson plans can be viewed at 

<http://www.ec.gc.ca/cppic/youth/lplan/en/pos.cfm>

(English) or at <http://www.ec.gc.ca/cppic/youth/lplan/fr/pos.cfm>(French). 

On 13–14 November 2003, EICB participated in a workshop hosted by the CEC, in Montreal, 

Quebec, for training on the US RACT/BACT/LAER clearinghouse (RBLC). The workshop was to 

provide training on accessing Best Available Technology (BAT) options through the presentation 

of BAT information resources, along with three case studies on selected industrial sectors. 

Presentations were also made on other databases containing useful BAT information and funding 

opportunities for BAT installation. Additionally, a list of approvals engineers/permitters was 

developed via participants in the workshop to be used as a reference and networking resource for 

the provinces/territories and federal government. 

Valuable tools such as the US RBLC, although available on the Internet, have not been well known 

or utilized by many provincial and regional jurisdictions. The BAT workshop was an excellent 

opportunity to inform air quality managers from these jurisdictions of these types of tools. It also 

provided practical training experience assisted by knowledgeable US experts on the RBLC, 

specifically. We strongly support an increased awareness of the tools and resources available to air 

quality managers on Best Available Technology for air pollution control in North America. 

The workshop also provided the opportunity for the development of a network of air quality 

managers among provincial and federal jurisdictions. This is an important step in continuing the 
44 CEC Annual Report 2003 

exchange and use of information on air pollution control technologies and permitting practices 

across North America.

ALBERTA 

The Environment Department continued to publish educational resources in 2003, ranging from a 

four-page fact sheet on toxic PCBs (polychlorinated biphenyls) to teachers’ guides on a wide range 

of environmental topics. 

Alberta supported several special “environmental” weeks, including Environment Week, Wildlife 

Week, National Forest Week and Waste Reduction Week. During National Forest Week and to 

celebrate Arbor Day, over 70,000 tree seedlings were distributed to Alberta grade one students and 

community groups across the province. 

In July 2003, Alberta Environment partnered with FEESA, An Environmental Education Society to 

develop and deliver a Water Education Institute for Alberta Teachers from across the province. 

Teachers spent six intensive days examining water issues in southern Alberta to better prepare 

them for addressing these issues in the classroom. 

In 2003, Alberta Sustainable Resource Development forest health awareness and education efforts 

included newsletters; posters and brochures; and an extensive forest health web site that includes 

maps, data, publications and general information: 

<http://www3.gov.ab.ca/srd/forests/health/index.html>.

QUEBEC 

The MEQ continued to publish the adventures of Rafale on its Internet site. This is a series of 

environmental features for children 10 to 14 years old. 

Training sessions regarding the adoption of Groundwater Catchment Regulation were given to 

well drillers and municipal officers. Students were trained in data entry as part of the inventory of 

small water systems subject to the Regulation respecting the quality of drinking water. In addition, 

through training sessions offered on the “design guide, and the work of “treatment technologies” 

committee, design criteria for drinking water catchment and treatment equipment were 

established, and the assessment process for new technologies was explained. 

The summer INFO-SMOG program continued from 1 May to 30 September. INFO-SMOG is a 

smog forecasting program aimed at informing the public of smog concentration in the ambient 

air, especially when it reaches, or may reach, levels that are hazardous to health and the 

environment. The winter INFO-SMOG program for Greater Montreal added an innovative smog 

warning component. These programs are the fruit of a collaboration among the federal and 

provincial governments, the City of Montreal, and public health departments. 

Following the entry into force of the Pesticides Management Code and the Regulation Modifying 

the Regulation Respecting Permits and Certificates for the Sale and Use of Pesticides, six 

information and plain-language brochures were created, four of which addressed specific sectors 

of activity. Similarly, a public awareness brochure on lawns, along with bookmarks and posters, 

were distributed. The Internet chronicle “Jardiner ... tout naturellement” (gardening naturally) 

was updated. 

A dozen presentations on pesticide regulations were held during specifically targeted conventions, 

colloquia and conferences. 

The crown corporation RECYC-QUÉBEC carried out a number of information, awarenessraising, and educational activities to stimulate and develop habits in the reduction, re-use, and 

recycling of waste. These activities included the public information campaigns Tu rapportes, on 
45

recycle! and Je ne suis pas une ordure, recyclez-moi !, collaborative efforts with Les partenaires PRORECYC, educational activities in schools (support for Brundtland Green Schools, for recycling 

“caravans” of the Quebec network of business and recycling training centres [Centres de formation 

en entreprise et recuperation], for the network of primary-school environmental micro-businesses 

[Réseau québécois des écoles micro-entreprises environnementales], for the Alcan recycling contest, 

and the second annual Quebec garbage reduction week, organized by Quebec’s network of waste 

recovery and sorting centres [Réseau des Ressourceries du Québec]), the distribution of information 

on its Internet site, etc. In 2003, the Corporation made an “ABCs of recycling” available on its 

Internet site. This document was aimed at helping people apply the 4Rs. RECYC-QUÉBEC also 

launched a funding program aimed at education in reducing, re-using and recycling (Visons 

l’éducation à la réduction, au réemploi et au recyclage pour 2008—VERRR 2008). Since 2003, 

RECYC-QUÉBEC has distributed an e-newsletter, RECYC INFO, to 5,000 waste management 

stakeholders in Quebec. The Corporation also organized the first provincial forum on waste 

management in January 2003, an event that brought together over 400 stakeholders in Quebec 

around the issue of waste management in the province. 

A guide entitled “Guide relatif à la construction sur un lieu d’élimination de matières résiduelles 

désaffectés” was produced to facilitate enforcement of Article 65 of the Environment Quality Act

concerning construction and renovation projects on lands formerly used as waste disposal sites. 

An abridged version of a best practices guide for vehicle recyclers (“Guide de bonnes pratiques 

pour la gestion des véhicules hors d’usage”) was published. Moreover, a broad inspection program 

of recyclers was set up, which will serve to raise awareness among recyclers of best practices in 

environmental management and to encourage respect of the applicable laws and regulations in this 

sector. 

A brochure summarizing the Québec Residual Materials Management Policy, 1998–2008 was 

produced in 2003. The brochure outlines the policy’s main features. 

MANITOBA 

Environmental education is an important function for government. In 2003, information was 

provided to the public on many important environmental programs. For example, in 2003, a new 

department of Water Stewardship was created. It is responsible for water management, economic 

development and clean water initiatives. A large part of the department’s activities includes public 

environmental education and outreach, including the release of the Manitoba Water Strategy 

document. Through these efforts we hope to partner with Manitobans in promoting healthy lakes 

and rivers and building a more sustainable Manitoba. 

Article 2(1)(d) – Scientific Research and Technology Development 

ENVIRONMENT CANADA 

Canada, through the Environmental Technology Centre, undertook the following initiatives on air 

quality measurement: 

• The NAPS network continues to expand both in number of sites and species measured. A 

NAPS project, initiated in early 2003, generated routine measurements of PM2.5 mass, 

metals, ammonia, ions, and organic and elemental carbon. Six speciation sites were 

operational in fiscal year 2003/2004. 

• The ambient air quality monitoring at selected NAPS Network sites was performed for 

air-related CEPA toxic substances such as selected metals, certain volatile organic 

compounds (VOCs), PAHs, hexachlorobenzene (HCB), pentachlorophenol (PCP), and 

polychlorinated dibenzodioxin and dibenzofuran (PCDD/F). Research and development 
46 CEC Annual Report 2003 

work continued to improve the sampling and analytical methods employed. New and 

improved analytical methods for measurement of additional substances in ambient air 

were developed. R&D focused on air-related substances included that are not currently 

measured in the NAPS Network, including certain VOCs, metals, organic acids and 

amines, and other ionic species. This work involved a variety of analytical techniques. 

• The Environmental Technology Centre participated in a number of special studies related 

to air toxics measurement. For example, the Centre was requested by the Sydney Tar 

Ponds Agency (STPA) to begin monitoring VOC at six locations every six days at the 

Sydney Tar Ponds for three years. The Centre continued to cooperate with the University 

of Virginia to study plant hydrocarbons emissions and their impact on the environment. 

New measurement sites were established at Bratt’s Lake, Saskatchewan, and Saturna 

Island, BC, to support the MSC CORE program. VOC measurements also began at Alert 

in the Canadian Arctic as part of the Global Atmospheric Watch program. 

• Research and development work was continued on the measurement of polar and heavier 

molecular weight VOCs that are important in ozone and particulate matter formation. A 

new isotope mass spectrometer was acquired and is being used to examine the origins of 

volatile and semi-volatile organics. 

Canada, through the Environmental Technology Centre, undertook the following studies on 

mobile and stationary source emissions: 

• Work was undertaken to characterize the emissions from a variety of fuels used with a 

number of engines and emissions control systems, in collaboration with private sector 

companies. It included a project on three advanced emission control technologies for 

diesel engines using ten diesel fuel formulations. There was significant industry support 

for this work, as well as from the New York State Department of Environment 

Conservation. In addition, detailed emission characterization was undertaken during the 

testing of two conventional and two diesel-electric urban transit buses. 

• Under a collaborative R&D program with Carleton University’s Department of 

Mechanical & Aeronautical Engineering, research is planned on exhaust emissions from 

turbines. 

• In support of an effort to reduce the exhaust emissions from locomotives, the 

Environmental Technology Centre worked with NESCAUM (Northeast States for 

Coordinated Air Use Management) and a Massachusetts transit authority (MBTA) to 

measure the emissions from a typical in-use locomotive under baseline conditions and 

with aftermarket emissions control strategies. The purpose is to allow the assessment of 

various North American technologies for reducing locomotive exhaust emissions. 

• A literature review on analytical methods for polychlorinated paraffins (PCA) was 

completed. A study to examine a high-resolution gas chromatographic (HRGC)/highresolution mass spectrometric (HRMS) method to measure the short-chain chlorinated 

paraffin (C10-13) mixture in environmental samples was carried out. 

• A draft reference method is being developed for the measurement of oxidized and 

metallic mercury from coal-fired power plants to support the implementation of the 

Canada-wide Standard for mercury, which includes emission reduction targets and 

monitoring programs for the emitting sources. 

• The main purpose of the dead animal cremation unit program is to characterize the air 

emissions and ash residues. Currently, cremation is not an approved disposal method for 

dead animals under the Dead Animals Disposal Act (DADA). However, on-farm 

cremation units are currently being used in Ontario. Approximately 250 units are being 

used for on-site disposal of poultry and other species not mentioned in the DADA. 

Cremation has the potential to be an acceptable method of carcass disposal under the new 
47

Nutrient Management Act and the new Food Safety Quality Act. Thus, the environmental 

impact of DACUs needs to be fully characterized and demonstrate that they can meet the 

current MOE limits and CWS. Two incinerators were tested with two types of feed. 

Incinerators. The program was carried out at the Arkell Research Station of the 

University of Guelph in cooperation with the Ontario Ministry of Agriculture and Food, 

the Ontario Ministry of the Environment and the University of Guelph. Target pollutants 

included: acid gases; particulate matter; metals, including mercury; PCDD/F; co-planar or 

dioxin-like PCB; PAH; HCB; octachlorostyrene (OCS); and VOCs. Evaluation of 

additional units is planned for next fiscal year. 

Canada, through the Environmental Technology Centre, undertook the following research on Oil 

Spills: 

• Ongoing R&D continued to develop oil analysis methods and improve analytical 

methods for oil spills to improve the analytical methods necessary to examine the 

complex chemical composition of oils in relation to spill behavior, fate, effects, and 

countermeasures. A collaborative project with the US EPA on the most common oils in 

North America was completed, and a review was undertaken of oil analysis methods. 

• Research work was completed on water-in-oil emulsion formation mechanisms. The 

work focused on developing mathematical models for the formation of water-in-oil 

emulsions. The results can be used for oil spill countermeasures planning & were 

published in papers in two journals and a conference proceeding 

• The state-of-the-art Scanning Laser Environmental Airborne Fluorosensor (SLEAF) 

prototype sensor was installed in the DC-3 aircraft. This aircraft-mounted system is 

designed to detect unequivocally and classify the type of oil in a marine or terrestrial 

environment. Demonstration flights were conducted around the southern coast of 

Newfoundland in late February and early March 2004. 

• R&D work, in collaboration with the Industrial Materials Institute of the National 

Research Council, continued on the development of an airborne laser-ultrasonic sensor 

for the airborne remote measurement of oil slick thickness. Airborne test flights leading 

up to airborne measurement of oil thickness are planned for the summer of 2004. 

Canada, through the Environmental Technology Centre, undertook the following research on soil: 

• Earlier research on inclusion of PCB with cyclodextrins indicated that this green 

chemistry approach could be an option to cleanup PCB-contaminated water or soil. The 

goal of the current work is to investigate the sorption/desorption properties of PCDD/F 

in soil and water in the presence of different cyclodextrins. 

• There is a need for standardized soil testing methods to estimate the survival, persistence, 

gene-transfer potential, and ecological effects of genetically modified organisms (GMO). 

In particular, a standardized terrestrial microcosm system will serve in the risk 

assessment of chemicals in soils, in the development of soil quality criteria, and in the 

monitoring of contaminated sites. The completed first phase of this project included a 

review of the state-of-the-art in soil microcosm test systems and their level of 

standardization. The most appropriate system(s) are being selected and research work 

will commence to refine and further standardize the methodology.

• Hexachlorobutadiene (HCBD) is a persistent and bio-accumulative substance and is 

released to the environment as a result of human activity. There are no natural sources of 

HCBD in the environment. Measurement of HCBD releases was conducted at four 

municipal solid waste incinerators (Sydney, Charlottetown, Peel and Burnaby) and three 

hazardous waste incinerators (St. Ambroise, Mercier and Corunna). 
48 CEC Annual Report 2003 

• There is concern about the fate of nonylphenol polyethoxylates (NPE) and their 

biological breakdown products in the environment. Specifically, NPE are endocrinedisrupting substances and have been shown to alter sexual development in animals. One 

environmental source of NPE is their use as an additive in aircraft de-icing and anti-icing 

liquids. An ETC-sponsored project by SAIC Canada began on this topic. 

Canada, through the Wastewater Technology Centre, undertook the following initiatives on GHG 

emissions: 

• A pilot-scale demonstration project continued to verify optimal operating conditions for 

the application of the Microwave-Assisted Processes (MAPTM) to the energy efficient 

extraction of canola oil from seeds and to further assess replication opportunities for 

other agricultural feedstock selected for their value to Canada. 

Canada, through the Wastewater Technology Centre, undertook the following initiatives on GHG 

emissions and biosolids stabilization: 

• A full-scale demonstration project was elaborated to undertake operational changes at a 

municipal wastewater treatment facility to optimize their anaerobic digester performance 

with a focus on methane production for energy recovery and greenhouse gas reductions. 

The project scope to include energy recovery from biogas using a portable micro-turbine 

is currently being considered. The results of the project will also be assessed against other 

environmental co-benefits related to biosolids stabilization. 

• An anaerobic digester pilot plant was commissioned at the Wastewater Technology 

Centre and baseline operating data was collected. The pilot digester has now been 

modified to allow for a longer solids treatment phase to demonstrate enhanced biogas 

production and sludge stabilization. A number of operating and technical changes are 

being designed for pilot scale verification of performance improvement. 

• A project to evaluate the relative effectiveness of microwaves for the destruction of 

pathogens in municipal biosolids and sludges is moving forward. Microwave heating is 

being compared to conventional heating in terms of heating efficiency, pathogen 

reduction and enhanced biogas production. Pilot scale microwave equipment was 

designed and acquired. 

Canada, through the Wastewater Technology Centre, undertook the following initiatives on 

endocrine disruptors: 

• In collaboration with NWRI and the Ontario Ministry of the Environment, the 

Wastewater Technology Centre laboratory has been analyzing a number of different 

wastewater treatment plant effluents for a suite of acid pharmaceuticals and synthetic 

musks. The data is being used to populate a first provincial database on the occurrence 

and fate of these compounds in municipal effluents. 

• Development of a DNA microarray-based test for the simultaneous detection of twenty of 

the most common pathogens found in municipal wastewater effluents and biosolids is 

ongoing. This test method will dramatically reduce the amount of time required to report 

results (from three days down to approximately four hours). 

• Two sediment testing methods were published in support of assessments for disposal at 

sea permits under Part 7, Division 3 of the Canadian Environmental Protection Act, 1999. 

One sediment test method estimates impacts on growth of polychaete worms 

and another sediment compliance testing Reference Method estimates impacts on the 

metabolic rate of luminescent marine bacteria. 
49

Canada, through the Minerals and Metals Branch, is co-funding with industry, a study at the 

University of Waterloo to assess the potential use of photo-catalytic oxidation for the destruction 

of chlorinated organic pollutants from metallurgical off-gas streams. This is expected to stimulate 

the investigation and possible development of an innovative technology that would support 

effective implementation of the federal government's Toxic Substances Management Policy 

(TSMP), Canadian Environmental Protection Act (CEPA), and the Canadian Council of Ministers 

of the Environment (CCME) Policy for the Management of Toxic substances, and their provisions 

for Virtual Elimination of Persistent and Bio-accumulative Toxics (PBTs). 

In 2003, EICB also provided funding to a couple of research projects to further scientific research 

and technology development in respect of environmental matters. 

1. Clean and Efficient Combustion Technologies for Large Utility Electricity Generation. 

This work is comprises several areas of study carried out with federal, provincial and academic 

research institutions. It involves laboratory and field investigations. Specifically, the studies have 

examined: 

• sorbents for mercury capture from power plant stack gases; 

• coal gasification technology and its implications/impacts for the Canadian electricity 

industry and indigenous coal reserves; 

• methodology for measurement of the condensable fraction of fine particulate matter; and 

• advanced technique for the real-time sampling, measurement and monitoring of ambient 

aerosol particulate matter. 

2. Environmental Contaminants in Coal and Coal Byproducts 

This work comprises laboratory and field investigations into the analyses of coal feed stocks, the 

ash-byproduct and the emissions to atmosphere from coal-fired boilers. The goal is to determining 

the quantification of the contaminants (e.g., heavy metals), the factors that affect the 

transformation and speciation of these contaminants, and to identify strategies for preventing or 

minimizing the release of these contaminants. The purpose of this project is to try to determine 

what characteristics of coals and their constituents affect the ability for mercury in the coal to be 

captured in the fly as opposed to being emitted to atmosphere. 

ALBERTA 

In 2003, Alberta Sustainable Resource Development, in cooperation with the Foothills Model 

Forest, the Pacific Forestry Centre of Canadian Forest Service and Gowlland Technologies Ltd., 

developed a model to predict the spread of mountain pine beetle in Alberta. The model assessed 

potential impacts of the mountain pine beetle on pine forests within the Foothills Model Forest. 

The main goal was to determine under what conditions an outbreak would occur. The model 

involved inputting geographic, forest inventory, weather and mountain pine beetle infestation data 

and projecting it using the Spatially Explicit Landscape Event Simulator (SELES). 

QUEBEC 

In 2003, under the “environment” portion of its science and technology fund for governmental 

priorities (Fonds des priorités gouvernementales en science et en technologie), the MEQ funded 14 

research and technical development projects, for a total of C$759,312. These projects covered the 

sectors of water, air, and soil, as well as waste management and agricultural practices. 

During the same period, 22 projects, with total funding of nearly C$996,000, were approved under 

Quebec’s environmental research and development assistance program (Programme d’aide à la 

recherche et au développement en environnement—PARDE). This program is aimed primarily at 
50 CEC Annual Report 2003 

generating strategic scientific data for intervention programs related to environmental quality and 

sustainable development, according to priorities established by the MEQ. The topics addressed are 

water and air management as well as conservation of biodiversity. 

The MEQ also managed several other assistance programs to support the activities of various nonprofit organizations. In 2003, as part of its program to help social economy businesses (Programme 

d’aide aux entreprises d’économie sociale), the ministry distributed C$1,665,067 in grants to 15 

projects in the area of recycling, development, re-use, and re-sale of waste materials. Under its 

Environmental Priority Assistance Fund (Programme d’aide relatif aux priorités en 

environnement), the MEQ provided financial assistance totaling over C$473,416 for 18 important 

projects in the areas of education and environmental protection or restoration. These projects fell 

under the following five priorities: climate change, conservation of biodiversity, water 

management, agricultural pollution, and the promotion of sustainable development. The ActionEnvironnement program continued to support both the vitality of organizations working in the 

area of environmental protection and also the implementation of environmental projects in 

Brundtland Green Schools and in colleges. 

As part of the policy of supporting autonomous community action, and through community 

organization funding programs (Programmes de soutien financier aux organismes 

communautaires), 36 organizations received grants totaling C$2,516,272. 

Quebec’s environmental analysis center regularly develops methods to analyze environmental 

contaminants. During fiscal 2003, 12 new methods were developed to analyze at least 19 new 

substances or contaminants. Notable was research in measuring steroids and hormones in the 

environment and in high-resolution analysis of fire retardant substances. Moreover, six new 

assessment procedures were developed as part of ecotoxicological studies related to specific issues. 

With respect to climate change, the Quebec government provided funding to several research and 

technological development projects aimed at better understanding global warming and the 

technological means available to attenuate the phenomenon. Particularly noteworthy in the area of 

technological development is the government of Quebec’s ongoing support of the low-velocity 

electric vehicle pilot project in Saint-Jérôme. 

In terms of scientific research, several projects started in 2002 as part of work done by the Ouranos 

Consortium on regional climatology and adaptation to climate change continued in 2003. The 

Consortium’s science programming also increased in response to the needs of partners. Thus, the 

“Climate science and hydrology” program had 17 projects in 2003, while the “Impacts and 

adaptation” had 25. For its part, the MEQ supported a project in regional climate modeling at the 

Université du Québec à Montréal (UQÀM), as well as several projects for the dissemination of 

science knowledge. 

Five ÉcoGESte prizes were awarded to Quebec organizations with outstanding performance in the 

reduction of greenhouse gas (GHG) emissions and who came up with novel solutions that will 

inspire other organizations. 

The crown corporation RECYC-QUÉBEC continued to monitor activities related to the research 

and development funding assistance program (Programme d’aide financière en matière de soutien 

à la recherche et au développement) and the composting support funding program (Programme 

d’aide financière en matière de soutien au compostage). It also helped to disseminate the results of 

these research projects by publishing several project reports on its Internet site. In addition, 

RECYC-QUÉBEC continued to manage two funding programs for the recycled glass industry, in 

collaboration with the Société des alcools du Québec. Financial support was also given to 

technological development assistance projects for the management of used tires in Quebec. 
51

In collaboration with the Quebec standards bureau (Bureau de normalisation du Québec—BNQ), 

benchmark tests were carried out on wastewater treatment systems in isolated residences to certify 

their operation under regulation Q2 r.8 of the Environment Quality Act. With a view to protecting 

public health, characterizations related to possible agricultural contamination of groundwater 

were also carried out on seven watersheds. 

A committee of experts on seismic surveying was formed to identify environmental issues related 

to seismic survey projects in the gulf and estuary of the St. Lawrence. The committee will also take 

stock of the current state of scientific knowledge and suggest courses of action. 

In the area of the rural environment, four ministries and three Québec research funds came 

together to promote research by launching a new C$2.6 million program to strengthen and 

promote research on the rural environment (Action concertée pour le soutien stratégique à la 

promotion et à la consolidation de la recherche sur l’environnement rural). Among the focuses of 

this concerted action is to create a network of expertise and disciplines among research teams to 

approach problems related to the rural environment. One of the program’s objectives is to better 

understand the impacts of agriculture and agroforestry on environmental quality and human 

health. The program also aims to promote agricultural and agroforestry practices that would both 

minimize such impacts and be efficient and economically viable. 

The MEQ is funding a research project under PARDE, led by the Odotech group. Its principal goal 

is to assess the impacts of sanitary landfills on air quality. The project will thus characterize the 

biogas from six sanitary landfill sites. It will also review the literature on biogas regulation in the 

rest of the world, propose monitoring indicator parameters and test the LANDGEM program as a 

method of estimating biogas generation. The project’s final report should be released in early 2004. 

Article 2(1)(e) – Environmental Impact Assessment 

The Canadian Environmental Assessment Agency’s 2004–2006 sustainable development strategy 

reflects the vision of an increasingly efficient and effective federal environmental assessment 

process to support Canada’s role as a world leader in sustainable development. The proclamation 

on 30 October 2003, of a renewed Canadian Environmental Assessment Act advanced this vision. 

It established a more predictable, consistent and timely process. The renewed Act, through 

strengthening opportunities for the public to participate, goes a long way toward improving the 

quality of environmental assessment in Canada. 

ALBERTA 

Environmental reviews were completed for every approval issued under the Environmental 

Protection and Enhancement Act and the Water Act. 

During the 2003/2004 fiscal year, a total of 27 projects were at various stages in the environmental 

assessment process. Environmental Impact Assessment reports were completed for 8 projects, 

which were referred to the Energy and Utilities Board or the Natural Resource Conservation Board 

for consideration on the need for a public hearing. Alberta Environment staff actively participated 

at three hearings. The first two, CNRL Horizon and Shell Jackpine, were joint Canadian 

Environmental Assessment Agency/Energy and Utilities Board hearings in the Fort McMurray oil 

sands area, and the third, Agrium's northern extension of their existing phosphogypsum storage 

area, was a Natural Resources Conservation Board hearing in Fort Saskatchewan. 

QUEBEC 

Quebec applied its environmental assessment procedure to projects targeted under the Regulation 

respecting environmental impact assessment and review. In 2003, 78 projects were subject to one 

step or another of the environmental impact assessment and review procedure in force for 
52 CEC Annual Report 2003 

southern Quebec. Eleven of these projects were granted authorization and 28 new projects 

registered for the process. The projects currently being processed break down as follows: 44 landbased projects (roads, sanitary landfill sites, high-voltage electrical transmission lines), 27 waterbased projects (hydroelectric plants, dredging, filling), and 7 industrial projects. 

Twenty-seven projects were assessed under the James Bay and Northern Quebec Agreement, 

including 21 new files. Twenty-one decisions were rendered. The projects assessed included 

hydroelectric projects, mining projects, and the establishment of trench sanitary landfills. 

In 2003, the environmental hearings board (Bureau d’audience publiques sur l’environnement—

BAPE) completed 10 inquiries or public hearings and began six others. Five information sessions 

and public consultations not involving inquiries or public hearings were also held. 

The Quebec government approved the Canada-Quebec Agreement to Establish a Joint Review 

Panel for the Kénogami Watershed Flood Control Project. 

The work of the BAPE commission on sustainable development in the Quebec pork sector, begun 

in September 2002, continued until September 2003. The commission’s mandate was to create one 

or more sustainable models of pork production that took into account economic, social and 

environmental factors. The report (“L’inscription de la production porcine dans le développement 

durable”) was published in September 2003. 

MANITOBA 

To ensure that development maintains sustainable environmental quality, Manitoba Conservation: 

• Administers development approval requirements of the Environment Act, the Dangerous 

Goods Handling and Transportation Act, the Public Health Act and the Pesticides 

Regulation; 

• Controls municipal, industrial, and hazardous waste sources of pollutants; 

• Minimizes environmental impact of development proposals; and 

• Minimizes adverse effects to the environment and public health from pesticide use. 

Article 2(1)(f) – Economic Instruments 

With respect to promoting the use of economic instruments for the efficient achievement of 

environmental goals: 

• In 2003, Environment Canada introduced the Solvent Degreasing Regulations under the 

Canadian Environmental Protection Act, 1999. These regulations pertain to two solvents, 

trichloroethylene and tetrachloroethylene, used in the degreasing process. The 

instrument is a tradable unit system which creates consumption units for each kilogram 

of the two solvents that exceeds a defined threshold. Users of the solvents must have 

adequate consumption units to avoid non-compliance and can trade excess units to other 

users. In 2007, consumptive units issued should decrease substantially as the calculation 

becomes more stringent, bringing solvent consumption to the threshold levels. 

• The External Advisory Committee on Smart Regulation (EACSR) was created in May 

2003 to provide an external perspective and expert advice to the Government of Canada 

on regulatory issues spanning economic and social policy objectives. One of the areas of 

interest to the Committee is how economic instruments can be used in this country to 

advance sustainable development objectives. 
53

QUEBEC 

Under the provisions of the Taxation Act, the MEQ issued seven visas for donations of land or 

easements with ecological value totaling over 140 hectares of private land. It also put directives in 

place to guide the ministry’s regional staff in processing these files. 

The Quebec government continued to levy a C$3 environmental surcharge on the purchase of 

each new tire in order to fund two grant programs for collecting and recycling used tires. In 2003, 

these programs helped to recycle 57,000 tonnes of used tires (over 6 million tires) and collect 

33,000 tonnes of tires (about 4 million tires) in storage sites around the province. By 2003, Québec 

had thus reached its goal, set out under the Québec Residual Materials Management Policy, 1998–

2008, of recycling 85 percent of all used tires. 

The adoption of Bill 130 (2002, c. 53) paves the way for the government to charge an elimination 

fee that will fund recycling activities for waste materials. 

In December 2002, Quebec adopted Bill 102 (2002, c.59), which supplements the powers conferred 

under the Environment Quality Act. Under the bill, when municipalities provide services with 

respect to certain waste materials, companies must help offset the costs incurred by municipalities 

to collect and recycle such materials. This heightened responsibility for producers is one of the 

principles of the Québec Residual Materials Management Policy, 1998–2008. 

Between 1 April 2002 and 17 April 2003, 44 projects were registered in Quebec’s urban 

contaminated sites rehabilitation program, Revi-Sols. This program aims to encourage the re-use 

of contaminated sites and to revitalize the urban fabric. These projects will lead to approximately 

C$34.4 million in restoration work (with grants of about C$15.5 million), and about C$0.8 million 

in real-estate investment. 

An environmental tax on tetrachloroethylene continued to be levied in 2002. This tax is aimed at 

reducing the use of this substance, which is employed primarily by dry-cleaning businesses. 

MANITOBA 

The Manitoba government manages funding instruments that support innovative solutions to 

environmental issues. A total of approximately $3 million was provided to support the Sustainable 

Development Innovations Fund in 2003. The fund is composed of seven targeted allocations and 

one broad allocation, with access being provided to community groups, industry, and the general 

public. The fund categories are as follows: 

• Open Category 

• Environmental Youth Corps (EYC) 

• Manitoba Climate Change Action Fund (MCCAF) 

• Manitoba Habitat Heritage Corporation Southwest Agro-Woodlot Program 

• Orphan Mine Site Rehabilitation Program 

• Orphan Mine Site Assessment Program 

• Waste Reduction and Pollution Prevention (WRAPP) Fund 

• Zebra Mussel Program 

ARTICLE 3 – LEVELS OF PROTECTION 

Solvent Degreasing Regulations 

The Solvent Degreasing Regulations under the Canadian Environmental Protection Act, 1999

came into force on 24 July 2003. The purpose of the Solvent Degreasing Regulations is to reduce 

releases of trichloroethylene (TCE) and tetrachloroethylene (PERC) into the environment from 
54 CEC Annual Report 2003 

solvent degreasing facilities using more than 1,000 kilograms of TCE and PERC per year. These 

regulations include a market intervention by establishing tradable allowances for the use of TCE 

and PERC in vapor and cold solvent degreasing operations that exceed the 1,000 kilograms 

threshold per year. The regulations also apply to sellers who are required, starting January 2004, to 

report their annual sales of TCE and PERC for the previous year to all degreasing operations 

regardless of quantity. However, they do not apply to solvent degreasing operations that use less 

than 1,000 kilograms of TCE or PERC in a calendar year. Beginning 1 January 2004, affected 

solvent degreasing operations that wished to continue using TCE and PERC required an allowance 

(consumption units) from Environment Canada. This allowance was based on historical TCE and 

PERC use between 1994 and 2002. 

For more information on the Solvent Degreasing Regulations visit the web site at: 

<http://www.ec.gc.ca/nopp/degrease/en/index.cfm>. 

Species at Risk Legislation 

The federal Species at Risk Act, which was passed by Parliament on 12 December 2002, is coming 

into force in phases. Two-thirds of the Act’s sections are in effect as of 5 June 2003. The 

prohibitions and enforcement provisions will come into force on 1 June 2004. 

The purposes of the Act are to prevent wildlife species from becoming extirpated or extinct, to 

provide for the recovery of extirpated, endangered or threatened species, and to manage species of 

special concern in order to prevent them from becoming at risk. 

The Species at Risk Act ensures that species are assessed under a rigorous and independent 

scientific process. It also requires the development of recovery strategies and action plans for 

species that are found to be most at risk. To address the critical habitat requirements of listed 

species, the Act emphasizes cooperation with Canadians as the first and preferred approach. A 

critical habitat safety net is available as a backstop if cooperative measures fail. 

The Species at Risk Act is one element of the three-part Canadian Strategy for the Protection of 

Species at Risk. The other two are the Accord for the Protection of Species at Risk that unifies the 

efforts of the provinces, territories and federal government on this issue, and complementary 

stewardship and incentive programs to assist Canadians in protecting species at risk and their 

habitat. 

Additions to the List of Toxic Substances 

Canada added the following substances to the List of Toxic Substances (Schedule 1) of the 

Canadian Environmental Protection Act, 1999 (CEPA 1999) in 2003: ethylene oxide; 

formaldehyde; N-nitrosodimethylamine (NDMA); hexachlorobutadiene; ozone and its precursors 

and precursors to respirable particulate matter less than or equal to 10 microns (PM10); particulate 

matter containing metals that is released in emissions from copper smelters or refineries, or from 

both, and particulate matter containing metals that is released in emissions from zinc plants. 

Although these substances are only added to the List of Toxic Substances at this time, risk 

management actions to address these substances will follow. 

Other toxic substances added to the List of Toxic Substances in 2003 include: 

• Ammonia dissolved in water – 1 January 2003 

• Nonylphenol and its ethoxylates – 1 January 2003 

• Effluents from textile mills that use wet processing – 1 January 2003 

• Inorganic Chloramines – 1 January 2003 
55

Federal Halocarbon Regulations, 2003 

The Federal Halocarbon Regulations 2003 (FHR 2003) replaces the former Federal Halocarbon 

Regulations that were published by Environment Canada in July of 1999. The purpose of replacing 

the Federal Halocarbon Regulations with the FHR 2003 is to implement new initiatives under 

Canada's Ozone Layer Protection Program and to address various administrative issues in the 

Federal Halocarbon Regulations. 

ALBERTA 

Clean Air Strategic Alliance (CASA) 

In November 2003, the Clean Air Strategic Alliance (CASA) presented a new air quality 

management framework to substantially reduce air pollutants from the utility industry. Emissions 

of sulfur dioxide will be reduced by 46 percent, emissions of nitrogen oxides will be reduced by 32 

percent, emissions of particulate matter will be reduced by 51 percent, and emissions of mercury 

will be reduced by 50 percent when the framework is fully implemented. Agreement on the 

framework was achieved by consensus. In Alberta, CASA is a leading example of cooperative 

decision making between government, industry, environmentalists, health advocates and local 

community groups.

Framework for Water Management Planning 

<http://www3.gov.ab.ca/env/water/legislation/framework.pdf> 

The Framework for Water Management Planning, released in 2003, supports sustainable resource 

and environmental management, recognizes both short- and long-term needs and values for 

water, and considers local and regional perspectives. The Framework outlines the process for water 

management planning and the components required for water management plans in the province. 

It applies to all types of waterbodies, including streams, rivers, lakes, aquifers and wetlands, and 

takes a holistic approach. 

Water for Life: Alberta’s Strategy for Sustainability 

<http://www.waterforlife.gov.ab.ca/>

Water for Life: Alberta’s Strategy for Sustainability was release in November 2003. The Strategy 

sets out: 

• three outcomes, three key directions, governance model, actions 

• Implementation – capital investment and operational expenditures 

Unpredictable water supply, coupled with unprecedented economic and population growth, has 

underscored the need for a holistic approach to water management in Alberta. Water for Life: 

Alberta’s Strategy for Sustainability outlines the Government of Alberta’s vision for water 

management, and identifies several outcomes and key directions that aim to provide better balance 

to the social, economic and environmental aspects of water and resource management. 

Advisory Committee on Water Use Practice and Policy 

<http://www.waterforlife.gov.ab.ca/html/removed.html>

During the two-year consultation process for the development of Water for Life: Alberta’s Strategy 

for Sustainability, some Albertans expressed concern about the underground injection of water to 

assist in oil or bitumen recovery. 

In September 2003, the Minister of Environment established the Advisory Committee on Water 

Use Practice and Policy, involving representatives from industry, government, municipalities, and 
56 CEC Annual Report 2003 

environmental groups, to examine the issue and help find a balanced solution. The committee was 

tasked with reviewing existing policies and practices, and subsequently providing 

recommendations that could lead to the reduction or elimination of this activity. The committee 

submits its final report August 2004. 

Northern Rivers Ecosystem Initiative (1998–2003) 

The Northern Rivers Ecosystem Initiative (NREI) addresses the commitments made in the 

Canada-Alberta-Northwest Territories response to the recommendations of the Northern River 

Basins Study (NRBS) in 1996. The NRBS report provided a benchmark that defined the state of the 

Peace, Athabasca and Slave rivers. 

In 1997, the Canada-Alberta-Northwest Territories Response to the Northern River Basins Study 

was issued. This response report integrated the governments’ positions and outlined future plans 

to ensure the long-term protection of these rivers. It confirmed the governments’ commitment to 

pollution control and full stakeholder involvement. To address the recommendations of the NRBS, 

as well as the public demand for follow-up studies, the NREI was implemented in 1998. 

The NREI involved both policy initiatives and scientific research. The five-year study focused on 

priorities such as pollution prevention, endocrine disruption in fish, hydrology, contaminants, 

nutrients, safe drinking water and enhanced environmental monitoring. Its mission was to provide 

the scientific underpinning to the governments’ response to the recommendations of the NRBS. Its 

goal was to provide an understanding of the impacts of development on the northern river 

ecosystems. The final report of the NREI, and all associated technical studies, will be released in 

2004. 

Communication and Action Protocol for Failed Bacteriological Results in Drinking 

Water for Waterworks Systems 

In 2003, Alberta Environment released the Communication and Action Protocol for Failed 

Bacteriological Results in Drinking Water for Waterworks Systems Authorized under the 

Environmental Protection and Enhancement Act. The document details the notification 

procedure that must be followed in the event that the Provincial Laboratory of Public Health 

(Microbiology) detects the presence of coliforms or Escherichia coli [E. coli] in drinking water 

samples from waterworks systems approved by Alberta Environment. 

Providing clean water has become a challenge with new knowledge and information about 

emerging pathogens in source waters. Water treatment systems must be designed and operated to 

ensure microbiologically safe drinking water even under the worst possible raw water quality 

scenario. Effective particle removal and efficient disinfection are the two principal treatment 

measures for ensuring microbiologically safe drinking water. Turbidity and disinfection residual 

measurements are therefore, the two most important ongoing tests related to microbiological 

water quality. The testing for bacteria in drinking water is an important component for ensuring 

microbiologically safe drinking water. A positive coliform test or presence of Escherichia coli (E. 

coli) may indicate a system failure requiring immediate action. This protocol is intended to ensure 

that test results that exceed the bacteriological criteria as described in the latest edition of the 

Guidelines for Canadian Drinking Water Quality are transmitted to the appropriate parties so that 

follow-up action can be taken immediately. 

Codes of Practice 

Alberta Environment introduced five Codes of Practice addressing wastewater and waterworks 

systems under the Environmental Protection and Enhancement Act and Water Act. The Codes 

improved the efficiency and effectiveness of Alberta Environment’s regulations for activities with 
57

low potential for environmental impact. The Codes are province-wide rules for activities, which 

lead to regulatory fairness and consistency. Alberta Environment continues to inspect all 

operations under a Code of Practice. Changes to the Environmental Protection and Enhancement 

Act and several regulations were required to ensure the Codes had the force of regulation. 

Climate Change and Emissions Management Act 

The Government of Alberta passed the Climate Change and Emissions Management Act, which 

gives Alberta Environment authority to implement Alberta’s climate change action plan. 

The Climate Change and Emissions Management Act strengthened and complemented Alberta’s 

existing legislation, and environmental protection and resource management activities related to 

air emissions. It provides for: 

• An overall greenhouse gas emission target for Alberta 

• Targets for negotiated sector agreements 

• A framework for emission offsets against Alberta regulatory requirements 

• A provincial climate change management fund 

The Act will be proclaimed in stages. 

Environmental Protection and Enhancement Act and Conservation and 

Reclamation Regulation 

Alberta Environment made changes to the Environmental Protection and Enhancement Act and 

the Conservation and Reclamation Regulation that addressed the administrative processes for 

conservation and reclamation of sites disturbed by upstream oil and gas activities. The department 

now audits reclamation work rather than inspecting each site before issuing a reclamation 

certificate. 

QUEBEC 

In 2003, the Land Protection and Rehabilitation Regulation under the Act to amend the 

Environment Quality Act and Other Legislative Amendments with Regard to Land Protection and 

Rehabilitation came into force. The new regulation sets out concentration levels for contaminants 

that necessitate land rehabilitation. 

Amendments to the Regulation Respecting the Quality of the Atmosphere concerning the 

manufacture of paints and similar products were adopted. Manufacturers of paint and similar 

products will henceforth be subject to new environmental requirements. 

Restrictions to pig farming, both in areas with surpluses of manure, referred to as limited activity 

zones (zones d’activités limitées—ZAL), and elsewhere, were extended until 15 December 2004. 

In 2003, the MEQ completed studies to designate 25 new plant species as threatened or vulnerable 

and 36 important habitats for these species. The government of Québec designated three new 

animal species as vulnerable: the American shad, the anatum subspecies of the peregrine falcon, 

and the bald eagle. 

In December 2003, the first provincial park in Nunavik was created, the Parc national des 

Pingualuit. Developed in cooperation with Inuit parners, the Kativik Regional Government and 

the Makivik Corporation, this park covers an area of 1,133.9 square km. Between the 

implementation of the Québec protected areas action plan (Plan d’action québécois sur les aires 

protégées) in July 2002 and December 2003, the proportion of land dedicated to protected areas 

rose from 2.9 percent to 5.3 percent. 
58 CEC Annual Report 2003 

Overview of voluntary conservation in Québec 

Nature reserves

Under the provisions of the Natural Heritage Conservation Act, the MEQ recognized four nature 

reserves totaling over 318 hectares of private land, bringing to seven the number of reserves in the 

network. It also put measures into place to manage the network such as signage, Internet site, 

certificates of honor, and financial assistance. 

Program to develop a private network of protected areas

This program (Programme national pour le développement d’un réseau privé d’aires protégées) 

provided funding totaling C$2,460,609 to nine conservation organizations, who themselves 

invested an equivalent amount, in order to aquire over 2,398 hectares of private land in 34 

different projects. 

Partnership program for voluntary conservation

This program (Programme Partenaire pour la conservation volontaire), though the “organization” 

component, provided funding totaling C$358,375 to 36 organizations to carry out 52 projects to 

raise awareness of voluntary conservation. The “land owners” component of the program provided 

financial assistance totaling C$16,573 to14 land owners for legal costs associated with the 

conservation process. 

The Pesticide Management Code and amendments to the Regulation respecting Permits and 

Certificates for the Sale and Use of Pesticides were adopted in March 2003 and came into force in 

April 2003. The Pesticide Management Code governs the storage, sale and use of pesticides in all 

activity sectors and is particularly strict in urban areas. Amendments to the Regulation were aimed 

primarily at broadening the requirement to hold a MEQ certificate to include all agricultural 

producers, starting in 2005 and stretching over three years. The MEQ goes to great lengths to 

develop knowledge and protect the environment. Among the various measures, policies and 

regulations put in place, it has set up programs to recognize the competence of Québec specialists. 

Thus, since 1984, accreditation is required to carry out laboratory analyses under the Environment 

Quality Act (article 118.6). Québec’s centre of expertise in environmental analysis (Centre 

d’expertise en analyse environnementale du Québec—CEAEQ) manages the Accreditation Program 

for Environmental Analysis Laboratories for the MEQ, and, since 1999, the Environmental 

Sampling Accreditation Program. In 2003, an accreditation for agricultural analysis laboratories 

(Programme d’accréditation des laboratoires d’analyse agricole—PALAA) was set up to define 

operating rules and requirements for accrediting agricultural analysis labs. Moreover, the CEAEQ 

also manages a list of competent experts to certify documents related to the protection and 

rehabilitation of contaminated lands. These documents are required under the Environment 

Quality Act (Section IV.2.1). 

The crown corporation RECYC-QUÉBEC supervised the preparation of waste management plans 

by municipal authorities. These plans identify the measures that will be put in place by 

municipalities in order to reach the goal of recycling 65 percent of recyclable waste materials, as set 

out under the Québec Residual Materials Management Policy 1998–2008. 

In 2003, Québec, in concert with the State of Vermont, moved forward, from 2016 to 2009, 

measures under the action plan to reduce phosphorus causing the proliferation of blue-green algae 

in Missisquoi Bay. 

MANITOBA 

Some select examples of measures undertaken by the Manitoba government in 2003: 
59

• Environmental Livestock Program - Audits were completed for 54 of the 360 manure 

management plans (15 percent) registered for the 2003 crop year. Charges were laid 

against some operators for excessive rates of manure application as well as against some 

operators who failed to register manure management plans. 

• Petroleum Storage Program - The implementation of licensing petroleum technicians 

began. Only licensed petroleum technicians may construct, alter, remove or perform 

certain tests on petroleum storage facilities. Prospective technicians must meet specific 

criteria which includes both a course of study and field experience. The applications are 

reviewed by an advisory committee established by the Minister of Conservation and 

recommendations are made to the director regarding which applicants should receive a 

license. Currently there are 104 licensed petroleum technicians in Manitoba. 

• Onsite Wastewater Management Systems Regulation – The regulation was passed on 28 

April 2003, and fully implemented on 28 October 2003. The mandate of this regulation is 

to assure the proper installation and operation of septic tanks and related structures in 

Manitoba. The corresponding fees from the Environment Act Fees Regulation also came 

into effect on that day. The Regulation forms an integral part of Manitoba's Water 

Strategy Initiative. 

ARTICLE 4 – PUBLICATION 

ENVIRONMENT CANADA 

The following notices were published in Canada Gazette, Part I during 2003: 

Regulation Date

Regulations Amending the Gasoline Regulations April 2003 

Federal Halocarbon Regulations 2003 August 2003 

 

Pollution Prevention Plan Date

Proposed Notice Requiring the Preparation and Implementation of Pollution 

Prevention Plans for Acrylonitrile 

24 May 2003 

Proposed Notice Requiring the Preparation and Implementation of Pollution 

Prevention Plans in Respect of Dichloromethane 

29 Nov 2003 

Proposed Notice Requiring the Preparation and Implementation of Pollution 

Prevention Plans in Respect of Ammonia dissolved in water, Inorganic 

Chloramines and Chlorinated Wastewater Effluent 

7 June 2003 

Proposed Notice Requiring the Preparation and Implementation of Pollution 

Prevention Plans in Respect of Textile Mills Effluents and Nonylphenol and its 

Ethoxylates 

7 June 2003 

Proposed Notice Requiring the Preparation and Implementation of Pollution 

Prevention Plans in Respect of Nonylphenol and its Ethoxylates in Products 

29 Nov 2003 

 

Codes of Practice Date

Code of Practice for Road Salts September 2003 
60 CEC Annual Report 2003 

ALBERTA 

The legislation that has been passed is available through the Queen's Printer, either for view on 

their web site <www.qp.gov.ab.ca>, or for purchase (phone (780) 427-4952, fax (780) 452-0668, email <qp@gov.ab.ca>). The statutes are also found in the annual Statutes of Alberta, carried by 

some libraries. The regulations are also found in the Alberta Gazette, Part II, also carried by some 

libraries. 

The bills can be located on the Legislative Assembly web site <www.assembly.ab.ca> under the 

Bills and Amendments section. 

QUEBEC 

All Québec laws and regulations, along with most administrative rulings of general application, 

must be published in the Gazette officielle du Québec. 

During 2003, the MEQ and the Société de la faune et des parcs du Québec ensured that all their 

laws, regulations, procedures and generally applicable administrative rulings concerning topics 

covered under the NAAEC would be published with due diligence and made available on their 

respective Internet sites: <http://www.menv.gouv.qc.ca> and <http://www.fapaq.gouv.qc.ca/>. 

The new Act Respecting Nature Reserves on Private Land provides for the publication of 

recognition of nature reserves through notification in the Gazette Officielle du Québec, for the 

registration of the agreement in the land register, and for the keeping of a nature reserve registry 

by the MEQ. 

The Quebec environment ministry holds public consultations on its draft regulations and policies. 

In addition, the Société de la faune et des parcs du Québec holds priority discussions with partners, 

grouped together as “wildlife groups” (Groupes Faune), both provincially and regionally, and with 

the parks consultation committee. When necessary, it also holds public hearings on draft 

regulations and policies. 

In 2003, the “industrial” component of the MEQ’s public registry was placed on line at: 

<http://www.menv.gouv.qc.ca/Industriel/registre/index.htm>. 

In 2003, notices for projects in agricultural areas were available on the Internet in the public 

registry for livestock production. 

Article 4(1) 

The laws, regulations, procedures and administrative rulings of general application in the area of 

environmental assessment are published on the MEQ Internet site. All sector guidelines are 

available on the site, and hard copies are available on request. These guidelines cover 16 project 

types that are subject to environmental assessment. 

Shoreline protection was the subject of publications aimed at both resort vacationers and farmers. 

A technical notice on the aeration or artificial circulation of water in lakes as water quality 

restoration measures was published. An overview of environmental compliance in the pulp and 

paper sector for 2001 was also published. Regarding the implementation of the Regulation 

Respecting the Quality of Drinking Water, several documents were published, notably a technical 

interpretation guide to facilitate understanding of the Regulation and frame the scope of its 

enforcement. Another guide on the same topic was also produced for tourism establishments. 

Finally, an overview of water quality in Québec for the period January 1995 to June 2002 was 

published in June 2003. 
61

Article 4(2) 

As part of the public consultations on sustainable development in the pork sector, non-profit 

organizations were invited to present funding applications. 

MANITOBA 

Significant government activities in Manitoba, including laws, regulations, and procedures are 

commonly found electronically through the Manitoba government’s official web site 

<http://www.gov.mb.ca/conservation>. Environmental protection measures and all matters related 

to environmental licensing applications and approvals are available at various physical locations 

across the province at the public registry and further information may be obtained from the 

Conservation Library <http://www.gov.mb.ca/conservation/library/eregistry>. The public and 

other interested parties are always encouraged to comment on all matters related to Manitoba 

Conservation activities. 

ARTICLE 5 – GOVERNMENT ENFORCEMENT ACTION 

Article 1– Environmental Protection Enforcement 

ENVIRONMENT CANADA 

The Minister of Environment identified the need to revise and update the Export and Import of 

Hazardous Wastes Regulations as a priority in 2003. Consequently, the Export and Import of 

Hazardous Waste and Hazardous Recyclable Material Regulations were drafted and published in 

Part 1 of the Canada Gazette, which is the federal government publication for the notification of 

all federal Acts and regulations. The draft regulations were updated to include among other things 

the export, import and transit of shipments of both hazardous wastes and hazardous recyclable 

materials. 

To further address concerns regarding the import and export of hazardous waste, Hazardous 

Material Sampling Teams were assembled, trained and deployed in the sampling of materials in 

transit, in 2003. These teams are comprised of designated Environment Canada enforcement 

officers. 

On 27 February 2003, the Tetrachloroethylene (Use in Dry Cleaning and Reporting Requirements) 

Regulations (PERC regulations) became law after a four-year development period. These 

regulations were the subject of significant compliance promotion activities in 2003 and the 

preceding three years during which a comprehensive initiative aimed at providing relevant 

information to the dry cleaning industry was undertaken. 

The Compliance Assurance Branch within the National Programs Directorate was created in 2003. 

This branch is developing effective targeting methods that will enhance the collection and analysis 

of data that will feed into the intelligence planning process. This will assist the enforcement branch 

in effectively allocating resources in order to achieve greater results (i.e. higher rates of 

compliance). In addition, it seeks to better develop the compliance promotion phase of statutory 

and regulatory implementation. 

Environment Canada’s national intelligence program is designed to support the enforcement 

operations of the regions and to identify emerging issues, which will permit a more proactive 

approach to enforcement activities and allow for the more efficient deployment of resources. In 

2003, Environment Canada’s Enforcement Branch, Environmental Protection Service, developed 

an intelligence officer training course in order to train designated enforcement officers. 
62 CEC Annual Report 2003 

Article 5(1)(a) – Appointing and Training Inspectors 

Environment Canada has developed specialized courses in order to effectively train its new and 

existing enforcement officers, fishery inspectors and fishery officers. These courses are designed to 

give enforcement personnel working knowledge of Canadian environmental protection laws, as 

well as a number of inspection and investigative tools. The courses are tailored to accommodate 

operational needs that result from changing priorities, or new or updated legislation and 

regulations. 

In the spring of 2003, Environment Canada held the Pollution Enforcement Course and General 

Enforcement Training. These two courses were designed and delivered as required in order to 

designate new Environment Canada enforcement officers, fishery inspectors and/or fishery 

officers. Nineteen (19) new officers were designated in 2003. 

Subsequently, Environment Canada decided to update and improve the Pollution Enforcement 

Course and General Enforcement Training, and created the Basic Enforcement Training in 2003 

which combines the two former entry-level training courses. This course is the first step in the 

designation of enforcement officers. 

In addition, multidisciplinary teams designed training programs dealing with the following 

regulations: 

• Ozone-depleting Substances Regulations 

• Metal Mining Effluent Regulations 

• Tetrachloroethylene (Use In Dry Cleaning & Reporting Requirements) Regulations 

The training for Ozone-depleting Substances Regulations was also delivered in 2003. 

Article 5(1)(b) – Monitoring Compliance and Investigating Suspected Violations, 

Including Through On-Site Inspections 

Inspections 

Environment Canada develops an annual National Inspection Plan that outlines the inspection 

priorities under CEPA 1999 and the Fisheries Act for that fiscal year. 

Factors used in establishing these priorities are dictated by the Compliance and Enforcement 

Policies for CEPA 1999 and the federal Fisheries Act and include, but are not limited to, risk to the 

environment and human life or health, compliance rates, new and amended regulations, nature of 

the regulatory provisions, operational complexity and capacity, and domestic and international 

commitments and obligations. 

The number of planned inspections carried out under the National Inspection Plan is 

supplemented by a large number of unplanned inspections resulting from complaints, intelligence, 

or other information. 

The National Inspection Plan priorities for fiscal year 2002/2003 were established as follows: 

• Export and Import of Hazardous Waste Regulations 

• New Substances Notification regulations 

• Fuels Regulations (seven regulations are included) 

• Section 36(3) of the Fisheries Act 

In addition, the regional offices identify their own regional inspection priorities. The priority 

placed on regulations identified by the regions is up to the discretion of each region and is 
63

influenced by a number of factors including: geography, demographic factors, provincial 

environmental sensitivities, and available resources. 

Investigations 

In order to conduct an investigation, an enforcement officer, fishery inspector and fishery officer 

must have reasonable grounds to believe that an offence has been committed under either CEPA 

1999 or the federal Fisheries Act. Also, under s.17 of CEPA 1999, enforcement officers are also 

required to investigate when an individual of at least 18 years of age, resident in Canada, petitions 

the Minister to investigate an alleged violation of the Act. In addition, an investigation of an 

alleged violation may be triggered by a petition submitted to the Auditor General under s.22 of the 

Auditor General Act, requesting investigation of an environmental matter. 

Intelligence Program 

Through the collection and analysis of information, Environment Canada's Environmental 

Protection Intelligence Program has contributed to the detection of illegal activity that would 

otherwise have gone undetected by an inspection. It has also contributed to the knowledge of the 

regulated community in general by identifying potential regulatees not previously known to the 

department.

Enforcement Tools 

Environment Canada enforcement officers, fishery inspectors and fishery officers have a variety of 

enforcement tools available to them that they can use to secure compliance when carrying out 

inspections and investigations. 

A warning may be issued when an enforcement officer believes that a violation of CEPA 1999 has 

occurred or is continuing and when the degree of harm or potential harm to the environment, 

human life or health appears to be minimal under CEPA 1999 or when the degree of harm or 

potential harm to fish, fish habitat or human use of fish appears to be minimal under the federal 

Fisheries Act. 

A direction, available under CEPA 1999, may be issued when there is a release or there is likely to 

be a release of a substance in excess of regulated limits. Similarly, a direction may be issued under 

the federal Fisheries Act, when there is a release or likely to be a release of a deleterious substance. 

Whether the direction is issued under CEPA 1999 or the Fisheries Act, the direction may be given 

orally but must be confirmed in writing later. 

Tickets may be issued in response to alleged offences committed under CEPA 1999, where there is 

minimal or no threat to the environment or human life or health and the offence is identified as 

“ticketable” under the regulations of the federal Contraventions Act. 

Under CEPA 1999, a Ministerial Order may be issued to: prohibit activities involving substances 

new to Canadian commerce; compel the recall of a product containing or emitting a substance 

regulated under the Act; or require more information on or the testing of a substance suspected of 

being toxic and to prohibit or limit its manufacture or importation. 

Prohibition Orders are issued in written form by the Minister when s/he has reasonable grounds to 

believe that a new substance has been manufactured in or imported into Canada in violation of 

CEPA 1999. 

Recall Orders empower the Minister to recall a substance or product from the market place where 

there is a violation of CEPA 1 999. 
64 CEC Annual Report 2003 

Detention Orders for ships are issued when an enforcement officer has reasonable grounds to 

believe that the owner or master of a ship has committed an offence under CEPA 1999 and used 

that ship in the commission of the violation. 

Environmental Protection Compliance Orders (EPCO) can be issued under CEPA 1999 for the 

following reasons: to prevent a violation from occurring; to stop or correct one that is occurring or 

continuing over a period of time; or to correct an omission where conduct is required by CEPA 

1999 or one of its regulations, and that conduct is not occurring. 

Prosecutions may be undertaken in the case of any alleged violation of CEPA 1999 or the federal 

Fisheries Act, when the alleged violation has resulted in serious harm to the environment, human 

life and to fish or fish habitat, respectively. Both the CEPA 1999 and Fisheries Act Compliance and 

Enforcement Policies specify instances where Environment Canada will always pursue 

prosecution, including an alleged offence committed knowingly, failure to comply with a 

Ministerial Order, obstruction of an enforcement officer, fishery inspector or fishery officer in the 

carrying out of his or her duties, and interference with items seized by enforcement personnel. 

Environmental Protection Alternative Measures (EPAM) are an alternative to court prosecution. 

They are set out in agreements signed under CEPA 1999, after the laying of charges. EPAMs are 

used to negotiate settlements that are legally binding, registered as court documents, and secure 

compliance more rapidly by avoiding the time and expense of lengthy court cases. CEPA 1999 

specifies when an alleged offender is eligible to participate in EPAMs and sets out conditions for 

concluding those negotiations, such as requiring an EPAM agreement within 180 days of the date 

on which the Crown prosecutor first discloses evidence to the accused. 

The following is a chart of enforcement activities carried out during 2003. 

Enforcement Activities Carried Out during the Calendar Year 2003

Total 

Inspections 

On-site 

Inspections

Off-Site 

Inspections Investigations * Prosecutions Charges Convictions Contraventions Directions

Written 

Warnings

CEPA(1988 & 1999) -- Canadian 

Environment Protection Act 5,026 2,540 2,486 34 9 6 4 6 8 656

FA -- Fisheries Act 4,441 922 3,519 54 14 10 3 0 50 249

Additional Statistics 

During the 2003 calendar year, there were no Environmental Protection Compliance Orders 

(EPCOs) or Environmental Protection Alternative Measures (EPAMs) under CEPA 1999. 

*Out of the 34 CEPA 1999 investigations started in 2003, eight ended in 2003 and 26 are still 

ongoing. 

* Out of the 54 Fisheries Act investigations started in 2003, 13 ended in 2003 and 41 are still 

ongoing. 

Explanatory Notes 

The number of inspections relates to the number of regulatees inspected for compliance under 

each of the applicable regulations. 

* Investigations are tabulated by number of investigations files. An investigation file may include 

activities relating also to other legislation and may include one or more regulations. Therefore, the 
65

total number of investigations shown by regulation does not add to the total at the legislation level. 

All measures (except for prosecutions) are tabulated at the section level of a regulation. For 

example, if the outcome of an inspection is the issuance of a written warning that relates to three 

sections of a given regulation, the number of written warnings is three. 

The number of prosecutions is represented by the number of regulatees that were 

prosecuted by charged date regardless of the number of regulations involved. 

Article 5(1)(d) – Publicly Releasing Non-compliance Information 

The CEPA Environmental Registry was established under CEPA 1999 and is available to the public 

at <http://www.ec.gc.ca/CEPARegistry/default.cfm>. 

This registry includes non-compliance information in the following documents: 

• CEPA 1999 Annual Reports 

• CEC Annual Reports on Enforcement (when they deal with CEPA 1999 issues) 

• Enforcement activities reports and enforcement statistics 

• CEPA 1999 Compliance Reports, as they are prepared from time to time. 

In addition, Environment Canada releases the annual “National Inspection Plan: Compliance 

Verification” which reports on how the ministry met the enforcement priorities set out for that 

fiscal year. 

Article 5(1)(e) – Issuing Bulletins or Other Periodic Statements On Enforcement 

Measures 

Enforcement information, reports and statistics can be found on Environment Canada’s web site 

at: <http://www.ec.gc.ca/ele-ale/>. This site also includes historical court decisions on guilty 

parties and press releases and media advisories. 

Article 5(1)(g) – Requiring Record Keeping and Reporting 

Federal environmental protection Acts and regulations, administered by Environment Canada 

require record keeping and reporting. Enforcement officers, fishery inspectors and fishery officers 

verify compliance and take action, in accordance with the applicable Compliance and 

Enforcement Policy, if a violation has occurred. 

Article 5(1)(i) – Using Licenses, Permits or Authorizations 

Permits and authorizations are required by environmental protection Acts and regulations, 

administered by Environment Canada. Enforcement officers, fishery inspectors and fishery 

officers verify compliance and take action, in accordance with the applicable Compliance and 

Enforcement Policy, if a violation has occurred. 

Article 5(1)(j) – Quasi-judicial or Administrative Proceedings Initiated 

As mentioned earlier, an Environmental Protection Compliance Order (EPCO) is an enforcement 

tool available to EC enforcement officers, under CEPA 1999. The recipient of an EPCO can 

request a hearing before a review officer in an administrative proceeding. 

Under CEPA 1999, the Minister of the Environment must establish a roster of review officers and 

will appoint one of them as Chief Review Officer. The Chief Review Officer has authority to 

establish hearing procedures and assign review officers to conduct the hearings. 
66 CEC Annual Report 2003 

The review officer has authority to require that the EPCO be suspended during the review, or that 

the order remain in force during that time. The review officer will hear evidence from the party 

subject to the EPCO and the issuing enforcement officer. The review officer must then decide 

whether to uphold the order, or set it aside. The decision of the review officer can itself be appealed 

to the Federal Court of Canada. 

No EPCO review proceeding was held in 2003. 

Article 5(1)(k) – Providing for Search, Seizure or Detention 

Environmental protection legislation administered by Environment Canada, provide for search, 

seizure and detention. These powers are used based on investigative requirements. 

Article 5(1)(l) – Issuance of Administrative Orders 

As indicated above, CEPA 1999 provides for administrative orders in the form of directions, 

Ministerial Orders, detention orders for ships and EPCOs. The federal Fisheries Act provides for 

directions. 

Article 5(2) – Each party shall ensure that judicial, quasi-judicial or administrative 

enforcement proceedings are available under its law to sanction or remedy 

violations of its environmental laws and regulations. 

CEPA 1999 provides for a specific review process for EPCOs. First, there is the privilege of oral 

representations that an alleged violator who may be subject to an EPCO and that the violator 

makes to an enforcement officer. Then, if the EPCO is issued and the person subject to it has 

objections to its content or conditions, that person may request to the chief review officer for a 

review. Following the finding of the review officer, the matter may be heard before the Federal 

Court of Canada if the alleged violator or the Minister of Environment is not satisfied with the 

review officer’s decision. 

It is also possible for a person to request judicial review before the Federal Court of Canada of any 

decision made by a Minister under CEPA 1999 or the federal Fisheries Act. 

Article 5(3) – Sanctions and remedies provided for a violation of a Party's 

environmental laws and regulations shall, as appropriate: 

a) take into consideration the nature and gravity of the violation, any economic 

benefit derived from the violation by the violator, the economic condition of the 

violator, and other relevant factors; and 

b) include compliance agreements, fines, imprisonment, injunctions, the closure 

of facilities, and the cost of containing or cleaning up pollution. 

CEPA 1999 provides sentencing guidelines to assist Canadian courts. Those criteria include, 

among other things, the nature and gravity of the violation and any economic benefit derived by 

the violator. The federal Fisheries Act does not contain similar criteria, but there are criteria in 

Canada’s Criminal Code that could be referred to by a judge as well as criteria set out in the 

environmental court judgment for United Keno Mines Ltd. v. The Queen. 

Both CEPA 1999 and the federal Fisheries Act provide for court orders that 

impose the closure of facilities or set cleanup costs. 
67

ALBERTA 

Enforcement Action Summary 

Alberta Environment’s objective is to maintain a high level of compliance with the Environmental 

Protection and Enhancement Act (EPEA) and the Water Act. This goal is pursued through 

education of the regulated community, which holds authorizations under EPEA or the Water Act, 

and individuals or companies whose activities do not require a mandatory authorization from 

Alberta Environment. 

As part of its annual compliance assessment program, Alberta Environment conducts proactive, 

unannounced inspections; reviews compulsory reports required by statute, authorization or Code 

of Practice; and conducts audits to verify compliance and ensure that regulated parties clearly 

understand their statutory obligations. 

By achieving a high level of understanding about their statutory responsibilities, Alberta 

Environment’s corporate clients are better prepared to undertake initiatives of their own to meet 

and even exceed the regulatory standards required of them and to foster environmental 

stewardship within the regulated community. Those who do not comply with legislated 

requirements are held responsible and accountable for the effects of their actions on the 

environment. 

Environmental Protection and Enhancement Act (for fiscal year ending 31 

March 2003) 

• 315 compliance assessments (147 inspections, 168 audits) were conducted on industrial 

facilities; 

• 38 compliance assessments (all inspections) were conducted on Code of Practice facilities; 

• 801 compliance assessments (443 inspections, 358 audits) were conducted on municipal 

facilities; 

• 104 inspections were conducted for pesticide applicators, retail outlets, etc.; 

• 108 inspections were conducted waste management facilities; and 

• 125 proactive inspections were conducted for gravel pits and mines regulated under the 

Conservation and Reclamation Regulation. 
68 CEC Annual Report 2003 

Enforcement Summary

(Alberta Environment) 

1 April 2002–31 March 2003 

LEGISLATION Charges 

Laid 

Charges 

Concluded 

Convictions Pending Penalty 

Amount 

Appeal of 

Sentence 

Creative 

Sentencing 

Orders 

Written 

Warnings

Admin. 

Penalties 

Assessed 

Admin. 

Penalty 

Assessed 

Value 

Appeal 

of 

Admin. 

Pen-alty

Orders

EPEA and 

Regulations 

 

EPEA 

32 23 5 23 $54,500 0 2 46 22 $99,000 0 73

Summary 

Conviction 

(EPEA) 

14 14 13 2 $1,495 0 N/a 0 0 0 0 0

Activities 

Designation 

Regulation 

0 0 0 0 0 0 0 1 0 0 0 0

Waste Control 

Regulation 

68 58 1 20 $75,000 2 1 22 0 0 0 0

Beverage 

Container 

Recycling 

Regulation 

0 0 0 0 0 0 0 1 0 0 0 0

Pesticides 

Sales, 

Handling, Use 

and Appl. Reg. 

6 3 1 6 $1,000 0 0 0 1 $1,000 0 0

Pesticide 

(Ministerial) 

Regulation 

0 0 0 0 0 0 0 4 1 $1,000 0 0

Potable Water 

Regulation 

0 0 0 0 0 0 0 1 0 0 0 0

Subtotal: 120 98 20 51 $131,995 2 3 75 24 $101,000 0 73

 

Water Act and 

Regulations 

 

Water Act 0 0 0 0 0 0 0 18 1 $2,500 0 5

Water 

Ministerial 

Regulation 

0 0 0 0 0 0 0 1 0 0 0 0

Subtotal: 0 0 0 0 0 0 0 19 1 $2,500 0 5

 

Other 

Legislation 

 

Dangerous 

Goods 

Transportation 

and Handling 

Act 

0 6 0 0 0 0 0 N/a N/a N/a N/a N/a

Criminal Code 

of Canada 

8 N/a N/a 8 N/a N/a N/a N/a N/a N/a N/a N/a

Fisheries Act 1 N/a N/a 1 N/a N/a N/a N/a N/a N/a N/a N/a

Subtotal: 9 6 N/a 9 0 0 0 N/a N/a N/a N/a N/a

 

Enforcement 

Actions Total: 

129 104 20 60 $131,995 2 3 94 25 $103,500 0 78

 

Total Monetary 

Penalties: 

$235,495 
69

Education and Inspection Programs 

AENV also conducts several annual education and inspection programs that focus on a 

geographic area or industry. These inspection “sweeps” are a proactive initiative that Alberta 

Environment uses to educate industrial sectors regarding their responsibilities under EPEA and 

the Water Act; achieve compliance through cooperative means; and encourage best management 

practices and pollution prevention. The program involves two parts: an educational component, 

where specific detailed information about regulations and requirements are provide d to 

businesses; followed by unannounced inspections to ensure that businesses make any necessary 

upgrades that were required. 

Three “sweeps” were conducted across the province during 2002/03, with a focus on handling and 

storage of hazardous wastes and hazardous recyclables. A province-wide inspection sweep was also 

conducted of the liquid waste hauling and disposal industrial sector. 

Alberta Sustainable Resource Development 

Enforcement Action Summary 

Forestry

As part of the 2003 Alberta Sustainable Resource Development mountain pine beetle management 

program, a Ministerial Order (12/2003) prohibiting transportation of pine logs and wood products 

with bark was enforced in cooperation with Alberta Transportation. This was a preventive 

measure to stop the introduction of the beetle into susceptible forest stands. For more details, see 

<http://www3.gov.ab.ca/srd/forests/health/mpb.html>. 

Fish and Wildlife

The compliance assurance activities undertaken by the Fish and Wildlife Division for the fiscal 

year ending 31 March 2004: 

Fisheries Legislation 

• 32,565 anglers were checked; 

• 3,291 commercial fisheries operations were inspected; 

• 10 inspections were completed on fish processing facilities; and 

• 118 inspections of subsistence fishers were conducted. 

• In addition to conducting compliance checks, officers investigated 496 reported incidents 

of non-compliance with fisheries legislation. 

Wildlife Legislation 

• 23,420 hunters were checked; 

• 311 subsistence hunters were checked; 

• 971 inspections were completed on commercial operations, including guides and 

outfitters, meat processors, fur dealers, taxidermist and trappers; and 

• 35 inspections were completed on various wildlife facilities (i.e., zoos and game farms). 

• In addition to conducting compliance checks, officers investigated 3,561 reported 

incidents of non-compliance with wildlife and fisheries legislation. 

• The Fish and Wildlife Division uses a computerized database to track reported incidents, 

compliance checks and enforcement actions taken as a result of confirmed noncompliance. The data is coded to allow for GIS mapping of occurrences and enforcement 

actions. 
70 CEC Annual Report 2003 

• The Fish and Wildlife Division administers many acts and regulations in fulfillment of 

the regulatory and enforcement role within the Department of Sustainable Resource 

Development. Compliance is assessed by conducting inspections of regulated user groups 

to ensure compliance with legislation. Reports of illegal activity are investigated. All 

incidents of non-compliance are followed up with enforcement action (prosecution, 

warning or enforcement order). 

• The Fish and Wildlife Division took 2,096 enforcement actions in response to noncompliance to wildlife legislation and 1,758 enforcement actions in response to noncompliance with fisheries legislation. 

(These statistics are for the time period 1 April 2003 to 31 March 2004.) 

Article 5(1)(a) – Appointing and Training Inspectors 

A total of 133 Fish and Wildlife Officers (officers) are assigned to the Enforcement-Field Services 

Branch of Alberta Fish and Wildlife Division, Sustainable Resource Development (SRD). A 

comprehensive operation/technical training program is provided to enforcement staff. Some 

courses are also offered to fisheries and wildlife biologists and technicians (firearms, boat 

operations, etc.). Some areas in which officers (and some others) receive training include, but are 

not limited to, the following: 

• Legislation; 

• Investigative skills; 

• Criminal intelligence analysis; 

• The Canadian Charter of Rights and Freedoms; 

• Securing and protecting evidence and the preparation and execution of search warrants; 

• Communication and conflict management skills; 

• Courtroom procedures; 

• Firearms qualification and re-certification (Officers, wildlife/fisheries biologists and 

technicians only); 

• Defensive tactics and dealing with hostility (officers only); and 

• Water safety and small vessel training (officers, forest officers, fisheries/wildlife biologists 

and technicians). 

QUEBEC 

In September 2003, Québec and Canada renewed the Administrative Agreement Regarding the 

Implementation in Quebec of the Regulations Pertaining to the Pulp and Paper Sector. 

In June 2003, Québec, the State of Vermont and the State of New York renewed the Agreement on 

Environmental Cooperation regarding the Lake Champlain Management Plan, and published the 

French version of the plan: Perspectives d’action, un plan progressif pour l’avenir du bassin du lac 

Champlain (Opportunities for Action: An Evolving Plan for the Future of the Lake Champlain 

Basin). 

In 2003, the MEQ complaints bureau received 248 intervention requests: 109 were of an 

environmental nature, 36 concerned quality of service, and the three others were of varying 

natures. 

As part of the implementation of the Pesticide Management Code, the MEQ produced a guide for 

golf courses to help them meet the requirement of producing a pesticide reduction plan (article 

73). 
71

Moreover, over 6,400 circular letters were sent to stakeholders in sectors covered 

by the Code and to permit holders under the Pesticides Act. 

Article 5(1) 

Table 1: Ministère de l’Environnement du Québec 

Convictions in 2003 

ACT / REGULATION NUMBER 

FINE (C$) 

Natural Heritage Conservation Act 1 100 

Ecological Reserves Act 4 1,150 

Environment Quality Act 98 949,988 

Pesticides Act 1 4,000 

Regulation respecting solid waste 14 3,900 

Regulation respecting snow elimination sites 8 40,000 

Regulation respecting hazardous materials 9 75,000 

Regulation respecting the reduction of agricultural pollution 26 51,300 

 

Reglulation respecting the quality of the atmosphere 32 25,350 

 

 

Regulation respecting ozone-depleting substances 1 20,000 

TOTAL 

194 1,174,288 
72 CEC Annual Report 2003 

Table 2: Société de la Faune et des Parcs du Québec 

Convictions in 2003 

Act or Regulation No. of the Act 

or Regulation 

Number of 

Infractions

Number of 

Convictions 

Amount of 

Fines (C$) 

Number of 

certificate or 

permit 

cancellations (for 2 

years) 

Number of 

prohibitions on 

holding a migratory 

bird permit (1 year) 

Fisheries Act F-14 278 84 15,505 

Québec Fishery 

Regulations 

C.R.C., ch. 852 

DORS/90-214 

2,127 901 130,263 

Migratory Birds 

Convention Act 

M-22 4 2 400 2 

Migratory Birds 

Regulations and 

Migratory Bird 

Sanctuary 

Regulations 

C.R.C., ch. 1035 

C.R.C., ch. 1036 

107 44 12,350 41 

Regulations enabled 

under the Act 

respecting the 

conservation and 

development of 

wildlife 

C-61.1, r. ...... 

C-61, r. ...... 

939 466 119,305 

Regulations enabled 

under the Parks Act 

P-9, r. 8 264 164 8,300 

Act respecting the 

conservation and 

development of 

wildlife 

C-61.1 2,193 735 574,900 178 

Regulations enabled 

under the Act 

respecting hunting 

and fishing rights in 

the James Bay and 

New Québec 

territories 

D-13.1 30 8 400 

Parks Act P-9 17 -- 

Envronment Quality 

Act 

Q-2 84 14 7,604 

Ecological Reserves 

Act 

R-26.1 19 6 1,000 

Act respecting 

threatened or 

vulnerable species 

E-12.01 93 57 8,600 

Parks regulation P-9, r.23 1 1 10 

Total 6,156 2,482 888,637 

 

Note: case files involving the Environment Quality Act and the Ecological Reserves Act 

are handled by the Ministère de l'Environnement, as are infractions under the Act respecting threatened or 

vulnerable species (since 27 November 2003). 
73

Article 5(1)(a)—Appointing and Training Inspectors 

Urgence-Environnement inspectors were given basic training on the emergency plan, hydrocarbon 

spills, chemical spills, and the nuclear emergency plan. 

Over the course of 2003, the Société de la faune et des parcs du Québec offered several types of 

training related to regulatory enforcement to its 438 wildlife protection officers. In addition to 

basic training given to all new officers, more specific training included courses on protecting 

habitat and the physiological and pharmacodynamic principles of tranquilizers. 

The crown corporation RECYC-QUÉBEC carried out inspections to ensure that tire collection, 

recycling and recovering programs were operating properly. RECYC-QUÉBEC also enforces 

compliance among its partners with agreements on beer and soft-drink container deposits. 

Article 5(1)(b)—Monitoring Compliance and Investigating Suspected Violations, 

Including Through On-site Inspections 

Over the course of 2003, MEQ investigators closed 238 investigation files. During the same period, 

246 additional files were opened. With respect to wildlife species, the investigations department of 

the Société de la faune et des parcs du Québec conducted five investigations that resulted in the 

dismantling of as many poaching rings operating in several regions of Quebec. 

The year 2003 also saw intensified monitoring of the used vehicle recycling sector. 

Article 5(1)(c)—Seeking Assurances of Voluntary Compliance and Compliance 

Agreements 

In 2003, the Société de la faune et des parcs du Québec initiated procedures to create a wildlife 

refuge on the tidal flats of the Saguenay river, in Saint Fulgence. The Saint-Fulgence flats represent 

the only significant migratory staging area for waterfowl in this region. The projected refuge is 

located in part (39 hectares) on private lands belonging to the municipality of Saint-Fulgence; a 

protocol to place these lands inside the wildlife refuge should be signed with the municipality. The 

rest of the future refuge (223 hectares) is made up of Crown land. 

Procedures to create a wildlife refuge in the northeastern portion of Lac St-Pierre were also begun. 

This habitat is used as a feeding and rest stop for large numbers and a wide diversity of diving 

ducks. The refuge will be located solely in (non-private) aquatic territory. 

These two wildlife refuges are scheduled to be created for spring 2005. 

Article 5(1)(f)—Promoting Environmental Audits 

By decree, when the Québec Department of Environmental Assessment (Direction des évaluations 

environnementales) issues a certificate of authorization, it produces a review report that includes a 

verification program. All of this is sent to the regional department, whose responsibility it is to 

monitor the project as specified in the verification program. 

In 2003, the crown corporation RECYC-QUÉBEC launched a recycling 

recognition program (ICI on recycle !), the purpose of which is to recognize 

industries, businesses and institutions who have achieved the objectives set out in 

the Québec Residual Materials Management Policy 1998–2008. To obtain a 

“certificate of performance,” candidates must carry out an audit of the waste they 

generate. Another aspect of ICI on recycle ! is to help industries, businesses and 

institutions who wish to implement an integrated waste management system to 

improve their performance. 
74 CEC Annual Report 2003 

Article 5(1)(g)—Requiring Record Keeping and Reporting 

The Québec Department of Environmental Assessment uses an electronic file management system 

called IDÉE (Information sur les dossiers d'Évaluation environnementale), which allows it to 

monitor the administrative stages a file passes through, issue call-backs, and produce various 

management reports. 

Different partners report on their activities in waste management to RECYC-QUÉBEC. 

Organizations that transport, recycle and recover tires must send data on amounts collected to 

RECYC-QUÉBEC. The organization Éco-Peinture must report volumes of paint and paint 

containers collected and recycled to RECYC-QUÉBEC. The organization that manages deposits on 

single-fill drink containers, Boissons Gazeuses Environnement, must report amounts collected and 

program costs to RECYC-QUÉBEC. 

Article 5(1)(i)—Using Licenses, Permits or Authorizations 

The crown corporation RECYC-QUÉBEC is responsible for accrediting businesses that collect and 

transport used tires, as well as businesses involved in recycling and recovering tires that wish to 

offer services under the two existing programs. 

Article 5(1)(k)—Providing for Search, Seizure or Detention 

In 2003, MEQ investigators executed over 50 authorized entries and search warrants. 

Article 5(2) 

For the MEQ, information concerning Quebec’s enforcement procedures is available at 

<http://www.menv.gouv.qc.ca>. Statistics on convictions for 2003 appear in Tables 1 and 2, above. 

MANITOBA 

Enforcement policy/procedure provides a consistent approach, with emphasis on ensuring 

compliance with legislation. In addition to the summary of enforcement activities for 2003 in 

Tables 3 and 4 below, a detailed report of enforcement activities is available in Public Registries 

throughout the province and on the Department’s homepage at 

<http://www.gov.mb.ca/conservation>. 
75

Table 3 

Manitoba Environmental Sector Enforcement

Legislation Prosecutions Warnings Orders Fines($) 

The Contaminated Sites 

Remediation Act 

The Dangerous Goods Handling 

and Transportation Act 

The Environment Act 

The Public Health Act 

Municipal by-laws 

93 

46 

4 

8 

102 

43 

4 

2 

41 

32 

22 

31,270.00 

28,927.00 

1,213.00 

Total 143 157 97 61,410.00 

Table 4 

Manitoba Enforcement Actions, by Act/Regulation 

Legislation 

Prosecutions Fines ($)

Environment Act Litter and Peat Smoke Regulations 

Onsite Wastewater Management Systems Regulation 

Livestock Manure and Mortalities Management 

Regulation 

Dangerous Goods Handling and Transportation 

Regulation 

DGH&T Act and Regulations 

Storage and Handling of Petroleum Products and 

Allied Products Regulation 

PHA Food Handling and Building and Dwellings 

Regulations

21 

6 

19 

88 

3 

2 

4 

4,371.00 

1,480.00 

23,076.00 

28,992.00 

1,027.00 

1,251.00 

1,213.00 

ARTICLE 6 – PRIVATE ACCESS TO REMEDIES 

Persons with a recognized legal interest have access to remedies before administrative tribunals 

and the courts. Interested persons, in addition to being able to institute private prosecutions, may 

also put forth to a competent authority, a request to investigate alleged violations of environmental 

laws and regulations. 

For example, CEPA 1999 provides statutory authority for a person to apply to the Minister of the 

Environment for an investigation concerning any alleged offense under that Act. As well, persons 

with a recognized legal interest in a particular matter have access to administrative, quasi-judicial 

and judicial proceedings for the enforcement of Canada’s environmental laws and regulations. In 

this regard, CEPA 1999 has introduced the concept of “environmental protection actions” which 

allow any person to seek a court order prohibiting a continued violation of the statute and/or to 

mitigate harm caused by a violation of the statute. As well, CEPA 1999 provides the statutory 

authority to request the review of administrative decisions or proposed regulations.
76 CEC Annual Report 2003 

QUEBEC 

The MEQ and the Société de la faune et des parcs du Québec have put into place a complaints 

process, under which a victim of or witness to a violation of a law or regulation governing the 

environment or wildlife may communicate with these organizations, who will then study the 

complaint. When necessary, the MEQ or the Société investigates to identify the offender and 

collect the evidence needed to carry out the appropriate recourse. 

The Ministry and Société ensure confidential access at all times to their environmental emergency 

and poaching departments (Urgence-Environnement and S.O.S. Braconnage, respectively) through 

a central environment and wildlife toll-free hotline available 24 hours a day, seven days a week. 

During 2003, S.O.S. Braconnage received 5,239 calls, 3,927 of which were reports of violations or 

accidents, and 1,312 were requests for information. 

ARTICLE 7 – PROCEDURAL GUARANTEES 

Canada has administrative, quasi-judicial and judicial proceedings available for the enforcement of 

environmental laws and regulations. Both the Canadian Charter of Rights and Freedoms and the 

courts have ensured that persons are given an opportunity, consistent with the rules of procedural 

fairness and natural justice, to make representations to support or defend their respective positions 

and to present information or evidence. Decisions are provided in writing, are made available 

without undue delay, and are based on information or evidence on which the parties were offered 

the opportunity to be heard. In accordance with its laws, Canada provides parties to such 

proceedings, as appropriate, the right to seek review and where warranted, correction of final 

decisions by impartial and independent tribunals. An example of fair, open and equitable 

proceedings at the administrative level is the Board of Review process available under CEPA 1999. 

Québec has procedural guarantees under the Act Respecting Administrative Justice and the 

Charter of Human Rights and Freedoms. Moreover, the Environment Quality Act, the Pesticides 

Act, the Code of Penal Procedure and the Code of Civil Procedure, and the Charter of Human 

Rights and Freedoms provide for appeals processes. 
77

Mexico 

Country Report on Implementation of the Commitments Derived from the NAAEC 

The following report was submitted to the CEC Secretariat by the Ministry of the Environment 

and Natural Resources (Secretaría de Medio Ambiente y Recursos Naturales—Semarnat) in 

accordance with the NAAEC. 

Introduction 

The information provided in this section refers to the activities undertaken with respect to 

environmental management and protection during the period from 1 September 2002, to 31 

August 2003. The report includes the activities carried out by the following autonomous agencies: 

the National Water Commission (Comisión Nacional del Agua—CNA), the National Institute of 

Ecology (Instituto Nacional de Ecología—INE), the Office of the Federal Attorney for 

Environmental Protection (Procuraduría Federal de Protección al Ambiente—Profepa), and the 

National Commission for Protected Nature Areas (Comisión Nacional de Áreas Naturales 

Protegidas—Conanp); the following decentralized agencies: the Mexican Institute of Water 

Technology (Instituto Mexicano de Tecnología del Agua—IMTA) and the National Forestry 

Commission (Comisión Nacional Forestal—Conafor); and the National Commission for 

Biodiversity Awareness and Use (Comisión Nacional para el Conocimiento y Uso de la 

Biodiversidad—Conabio). This report does not include all activities undertaken in Mexico during 

this period, or the activities assumed by the Mexican government under the North American 

Agreement on Environmental Cooperation (NAAEC), but rather seeks to cover the main 

environmental efforts undertaken at the state, territorial and local level. 

Environment, Economy and Trade 

• The primary goals of the Forestry Development Program (Programa de Desarrollo 

Forestal—Prodefor) are to provide guidance on the technical management and 

conservation of forest resources, promote the recovery of ecosystems’ production 

capacities, and further technological modernization in the extraction and processing of 

timber and non-timber raw materials. Prodefor continued its initiative to support sector 

competitiveness with temporary funding for woodland owners and/or holders. The 

program is aimed primarily at communal farms, communities and small owners. 

• The (commercial) Forest Plantation Development Program (Programa para el Desarrollo 

de Plantaciones Forestales—Prodeplan) consists basically of the direct allocation of 

funding to individuals and entities that plant forests for timber and non-timber 

production purposes. It creates income-earning, employment, regional sustainable 

development and production diversification options in Mexico. 

• A coordination agreement was signed by the Confederation of Industry Chambers 

(Confederación de Cámaras Industriales—Concamin) to reduce the improper disposal of 

soft-drink and water bottles. The goal is to fully recycle 2.610 billion bottles, converting 

them to textile fabric for manufacturing 475 million T-shirts by 2006. 

• Under the framework of the Environmental Management Systems Program (Programa de 

Sistemas de Manejo Ambiental—PSMA), the Secretariat of the Environment and Natural 

Resources (Secretaría de Medio Ambiente y Recursos Naturales—Semarnat), in 

cooperation with the National Energy Savings Commission (Comisión Nacional para el 

Ahorro de Energía—Conae) and the IMTA, has promoted programs for the responsible 
78 CEC Annual Report 2003 

use of office supplies, energy savings and the efficient and rational use of water in federal 

agencies and entities. 

• The IMTA prepared the guidelines and workplan for applying the Program for the 

Efficient and Rational Use of Water (Programa de Uso Eficiente y Racional del Agua—

PUERA) in federal government buildings. Thanks to its awareness campaigns and 

promotion, during the period, 55 federal agencies joined the program, making a total of 

85 to date. 

• The Socioeconomic Agenda (Agenda Socio-Económica) was developed, consisting of 

research projects aimed at designing new economic instruments in environmental policy, 

developing economic assessment methodologies for natural assets and environmental 

services, and in general establishing environmental accounting systems. 

Conservation of Biodiversity 

• The Mexico Valley Basin Regional Coordination Office (Coordinación Regional de la 

Cuenca del Valle de México) was created, to coordinate the regional federal, state and 

municipal efforts to undertake the task of ecological zoning. It also will enable the 

assessment of this regional approach and its reproduction in other parts of the country. 

• Actions were undertaken to create and institutionalize the National Information System 

for Mexican Beach Water Quality (Sistema Nacional de Información sobre la Calidad del 

Agua en Playas Mexicanas). 

• Negotiations began with the Global Environmental Facility (GEF) and its administrating 

agencies to design a national biodiversity strategy timetable and the respective sector 

programs, to design and implement: (1) a biodiversity action plan, (2) a joint climate 

change action plan, and (3) an action plan to fight soil degradation. 

• In 2003, funding totaling 31.4 million pesos was distributed among 22 states for 

environmental programs such as wildlife management, environmental impact, 

environmental management and land use, comprehensive pollutant management and the 

federal maritime land zone. 

• With the addition of 241 Wildlife Conservation Management Units (Unidades de Manejo 

para la Conservación de la Vida Silvestre—UMA) covering just over 1.2 million hectares, 

Mexico now has 5,250 registered UMAs for a total of 20.4 million hectares, or 10 percent 

of its territory. This addition provides for the conservation and sustainable use of more 

than 1,157 wildlife species and 51 subspecies, as well as their habitats. 

• As regards ecological zoning and ecosystem conservation, the Green Agenda (Agenda 

Verde) was developed for scientific research into the sustainable use of natural resources 

through biodiversity conservation and comprehensive basin management. 

• Regional and microregional planning mechanisms were developed and consolidated, and 

state conservation systems were developed as well. 

• As part of its ongoing program for the protection, recovery, conservation, restoration and 

extension of the country’s forest cover, the National Reforestation Program (Programa 

Nacional de Reforestación—Pronare) continued to restore deteriorated ecosystems by 

planting forest species appropriate to the weather conditions of the various regions’ 

unplanted lands. 

• Conanp increased the number of protected nature areas from 149 to 150, thereby 

increasing the overall protected area from 17,502,235 hectares to 17,856,227 hectares, 

equal to 9.1 percent of all national territory. 

• The budget allocated for operating the forest fire program throughout the country was 

212.7 million pesos, which allowed for planning, prevention, detection and firefighting 

actions with the following results: 
79

1. Planning: 

o 1,061 meetings were held to determine and coordinate actions with other 

entities. 

o 32 state forest fire programs were developed and integrated into National 

Program. 

o Equipment and tools for 1,037 fire brigades were acquired and allocated. 

2. Prevention 

o Release of the fire-related Mexican Official Standards (Normas Oficiales 

Mexicanas—NOMs) in 1,594 municipalities.

o Distribution of 6 million pamphlets and discussion of 25,538 events in radio and 

television ads. 

o Creation of 1,042 groups of volunteer firefighters. 

o Controlled burns on 3,727 hectares to reduce fuels in high-risk areas. 

o Construction and maintenance of 9,929 kilometers of fire barriers. 

3. Detection 

o Operation of 224 forest fire control centers. 

o Operation of 171 observation towers throughout the country. 

o 43,638 land inspections and 312 aerial inspections to detect fires. 

4. Firefighting 

o Operation of 817 fire brigades 

o Operation of 21 firefighting helicopters 

o Coordination of participating institutions and community organizations 

Pollutants and Health 

• The Burgos Basin Territorial Ecological Zoning (Ordenamiento Ecológico Territorial de la 

Cuenca de Burgos) was created and implemented, to regulate for the first time the 

exploration, exploitation and distribution of natural gas under environmental guidelines 

to avoid pollution, harm to health and ecosystem deterioration.

• The revision and update of the Certificate of Annual Operations (Cédula de Operación 

Anual—COA) form was concluded, which is the primary instrument to compile 

information for the pollutant release and transfer register (PRTR) and further ensures 

comparability with the North American PRTR.

• The Clean Air Program (Programa de Aire Limpio) was created to prevent and control air 

pollution in the Mexico City, Guadalajara, Monterrey, Toluca, Ciudad Juárez, Mexicali 

and Tijuana-Rosarito metropolitan areas by reducing air pollution emissions primarily 

through fuel improvement, regulation and modernization of public transportation 

services, newer vehicles and an updated legal framework.

• Efforts have been geared toward creating an infrastructure to allow for adequate 

technology and sufficient capacity for the safe handling of hazardous waste, thereby 

stopping pollution and reducing the health and environmental risks. From January to 

June 2003, 490,000 tons were authorized, representing a 1,162 percent growth of 

authorized capacity compared to 2002, for a total of 7,816,253.9 tons per year. Nationally, 

approximately 1.5 kilograms per bed of biological-infectious waste is generated each day, 

for a total of 191,553 kilograms per day.

• As regards the Intersecretarial Commission for the Control of the Processing and Use of 

Pesticides, Fertilizers and Toxic Substances (Comisión Intersecretarial para el Control del 

Proceso y Uso de Plaguicidas Fertilizantes y Sustancias Toxicas—Cicoplafest), during the 

2002-2003 period 102 new, modified and renewed pesticide and fertilizer records were 
80 CEC Annual Report 2003 

reviewed, along with 2,102 import authorizations for pesticides, plant nutrients and toxic 

substances, for a cumulative total of 7,093 applications.

• A broad Gulf of Mexico Ecological Rescue Program (Programa de Rescate Ecológico del 

Golfo de México) was begun with the involvement and cooperation of the United States 

and Cuba, with a view to establishing mechanisms to analyze the cross-border marine, 

coastal and atmospheric transfer of pollutants, species migration, natural ecosystems and 

trade networks, as well as vulnerability to natural disasters and climate change.

• The National Crusade for a Clean Mexico (Cruzada Nacional por un México Limpio) was 

created in conjunction with the US state of Virginia, to empower municipalities by 

supporting technology transfer, successful experiences, and technical assistance for 

municipal solid waste and water management facilities.

Environmental Law and Policy 

• As the result of zoning efforts, the Ecological Zoning Regulations to the General Law of 

Ecological Balance and Environmental Protection (Reglamento de Ley General de 

Equilibrio Ecológico y la Protección al Ambiente en Materia de Ordenamiento Ecológico) 

were published in the Federal Official Gazette (Diario Oficial de la Federación). 

• Environmental laws, standards, decrees and regulations were drafted, including: 

1. General Law for Comprehensive Waste Management (Ley General para la 

Prevención Integral de Residuos) 

2. General Law of Sustainable Forestry Development (Ley General de Desarrollo 

Forestal Sustentable) 

3. Reforms to the Law of National Waters (Ley de Aguas Nacionales) 

• To undertake and contribute to the protection and conservation of natural resources, the 

direct regularization and environmental management of industry was endeavored. In this 

case, actions have been taken to issue the Sole Environmental License (Licencia Ambiental 

Única—LAU), the COA, the PRTR and the Clean Air Program. 

• The National Water Program (Programa Nacional Hidráulico) was created. 

• Actions were undertaken to develop and review regulatory improvement and industrial 

promotion NOMs, with respect to the master program for the recovery and sustainability 

of the Lerma-Chapala basin. 

• As the result of zoning efforts, the Ecological Zoning Regulations to the General Law of 

Ecological Balance and Environmental Protection were published in the Federal Official 

Gazette. 

• From September 2002 to June 2003, a total of 358 projects entered the Environmental 

Impact Assessment (EIA) procedure, 18 percent more than in the previous period. These 

projects involve works and services in the farming, urban development, energy, forestry, 

gas, hydraulics, industry, mining, oil, tourism and communications sectors. A total of 392 

were ruled on, with 213 favorable rulings and the remainder in the process of being 

resolved. 

• Work was undertaken to amend public policies in four priority strategic areas for 

sustainable development—water, forests, energy and tourism—considering their 

correspondence with decentralization and tax policy instruments in an environmental 

context. 

• As regards the modernization of environmental provisions, the federal maritime land 

zone developed a procedure authorization system from January to August 2003, with 

which applications from filers that use the zone and coastal environments may register 
81

their procedures in the coastal state delegations. This system will immediately result in a 

centralized roster of federal-zone filers and a quick-reference archive. 

• A total of 28 legal instruments have been signed, as follows: eight with middle and higher 

educational institutions, 14 with nongovernmental organizations (NGOs) and four with 

government entities, which focus on the implementation of environmental programs and 

projects and the copublishing of publications and educational materials. 

• Profepa enhanced actions to control the illegal trading of wood, forest products and 

wildlife species throughout the country’s key forestry zones, especially those located in 

the critical regions in northern, central, southern and southeastern Mexico. These four 

regions were sealed off for the first time, covering the primary roadways and highways in 

Mexico State, Durango, Nuevo León, Tamaulipas, Veracruz, Tabasco, Chiapas, 

Campeche, Yucatán, Michoacán, Hidalgo and Puebla, with 1,366 inspections and the 

establishment of 20 permanent strategic carrier review points, which led to 336 

administrative proceedings and the appearance of 13 alleged offenders before the Federal 

Public Prosecutor (Ministerio Público Federal—MPF). 

• With respect to the inspection and oversight of natural resources in protected nature 

areas, 11 new Special Inspection and Oversight Programs (Programas Especiales de 

Inspección y Vigilancia) were implemented in the period. 

• As regards the inspection and oversight of wildlife trafficking, 1,514 inspections and 221 

sweeps were conducted, including 10 special operations involving federal, state and 

municipal authorities at capture, collection, transport, distribution and sale sites for 

wildlife products and byproducts. 

• In the case of the inspection and oversight of fisheries and marine resources, five special 

inspections were conducted in coordination with the Secretariat of the Navy – Mexican 

Navy (Secretaría de la Marina – Armada de México), the Secretariat of National Defense 

(Secretaría de la Defensa Nacional), the Federal Preventive Police (Policía Federal 

Preventiva) and the Office of the Attorney General (Procuraduría General de la 

República), leading to 302 administrative proceedings and the imposition of fines totaling 

2.3 million pesos. 

• On the international stage, Mexico signed two memoranda of understanding with the 

United Nations Environment Programme (UNEP), concerning the Cooperation 

Agreement on Environmental Protection and Natural Resources, through the UNEP 

Regional Office for Latin America and the Caribbean. 

Citizen Participation 

• Semarnat implemented the Federal Law of Transparency and Access to Governmental 

Public Information (Ley Federal de Transparencia y Acceso a la Información Pública 

Gubernamental), which will increase environmental accountability. The strategic 

approaches of such implementation include broadening the decision-making 

involvement of ethnic groups and women in environmental and sustainable-development 

programs and projects, citizen involvement, fighting corruption, transparency, and 

developing mechanisms and instruments that promote an inclusive environmental policy. 

• The Environmental Education Program (Programa de Educación Ambiental) was created 

by directly approaching education agencies, interacting at the local, state and federal 

levels with the following results: 

o 11,478 students and 7,160 teachers participated in environmental education 

programs addressing general and specific topics 

o The Higher Education and Sustainable Development (Educación Superior y 

Desarrollo Sustentable) project supported 46 higher education and 
82 CEC Annual Report 2003 

environmental training events, such as courses, workshops and meetings to 

strengthen the participation of higher education institutions in the 

environmental management process. 

o The National Crusade for a Clean Mexico involved 125,722 students and 1,403 

teachers in the Federal District, the State of Mexico, Coahuila, Guerrero and 

Guanajuato. 

• Projects with academic and research institutions, state and municipal governments, and 

NGOs have been pursued with respect to conservation programs and actions for the 

development of Priority Conservation Regions. 

Conclusions 

This year, many of the public’s ecological demands have, little by little, become actions, 

institutions and laws, giving a clear environmental protection mandate to the government and 

citizens. The way policies are exercised has matured, and laws continue to be brought up to date 

while technical rules continue to be developed. Also, environmental research and know-how have 

been strengthened substantially. 

In addition, firm steps have been taken toward the sustainability of water and forests, which have 

become matters of national security. Greater budgeting to attend to and design comprehensive 

approaches for these matters is therefore required to incorporate and recognize the contributions 

of the various social actors, and to implement mechanisms to recognize and compensate woodland 

owners for their forests’ contribution to society. 

In this sense, environmental management has taken the shape of a true state policy, involved in the 

agenda of priority matters and national security. 
83

United States 

Country Report on Implementation of the Commitments Derived from the NAAEC 

The following report was submitted to the CEC Secretariat by the Government of the United 

States. 

Introduction 

The information included in this section of the 2003 Annual Report is intended to highlight 

certain activities and developments related to environmental protection for the calendar year 2003. 

It does not represent the full range of activities undertaken by the United States (US) government 

regarding the North American Agreement on Environmental Cooperation (NAAEC), nor is it 

intended to reflect environmental efforts at the state, tribal, territory, or local level. 

Environment, Economy and Trade 

• The US Environmental Protection Agency (EPA) launched a new partnership program 

called the Green Suppliers Network, along with the National Institute of Standards and 

Technology's Manufacturing Extension Partnership Program and the US manufacturing 

industry. The Green Suppliers Network will work with all levels of the manufacturing 

supply chain to achieve environmental and economic benefits. 

• A final agreement was reached by the Organization for Economic Cooperation and 

Development (OECD) on new environmental standards for projects financed by the 

export credit agencies of its member countries. The agencies of all OECD countries will 

apply the environmental standards of either the project host country or a relevant 

multilateral development bank, whichever are more stringent. 

• The Secretary of the US Department of Energy (DOE), along with energy ministers and 

their representatives from around the globe signed the first international charter in 

support of the Carbon Sequestration Leadership Forum. The charter sets the framework 

for international cooperation in research and development for the separation, capture, 

transportation and storage of carbon as a means of reducing greenhouse gas emissions. 

• Energy representatives from the United States and Russia signed a new Protocol on 

Energy Efficiency and Renewable Energy as well as a Protocol on overall energy issues. 

• DOE’s Office of Energy Efficiency and Renewable Energy made $2.2 million available to 

seven Native American tribes to support the development of renewable energy resources 

on tribal lands. 

• DOE awarded $12.3 million to 21 broad-based, cost-shared research projects that would 

simultaneously advance energy efficiency and fossil energy technologies. The projects 

promote crosscutting systems in different research fields designed to be applied to both 

areas of science. 

• DOE granted $17,390,442 for 187 energy efficiency and renewable energy projects in 48 

states, the District of Columbia and one territory. Actual award dates varied.

• The US Department of Agriculture (USDA) awarded $1.5 million in grants and 

cooperative agreements to organizations in eight states to examine the economic effects 

of combating exotic pests and diseases.
84 CEC Annual Report 2003 

• The United States hosted a summit where more than 30 nations came together to 

establish an international, comprehensive, coordinated and sustained Earth observation 

system, aimed at providing critical scientific data needed to address important global 

economic, social and scientific challenges. With this improved knowledge, decisionmakers around the world will be able to make more informed decisions regarding 

climate, the environment, and a host of other economic and social issues that are affected 

by Earth and climate systems.

Conservation of Biodiversity 

• The United States and Mexico signed an agreement to extend cooperation on wildfire 

protection for the next ten years, enabling fire fighters and their equipment to cross the 

border and help fight wildfires that threaten both countries. 

• The US Department of the Interior (DOI) awarded $12.9 million in cost-share grants 

under President Bush's Cooperative Conservation Initiative to complete 256 conservation 

projects in conjunction with states, local communities, businesses, landowners, and other 

partners. 

• DOI awarded more than $70 million in grants to 29 states to support conservation 

planning and acquisition of vital habitat for threatened and endangered fish, wildlife, and 

plant species. 

• DOI awarded $34.8 million in cost-share grants to states under a new partnership 

program to assist private landowners in conserving and restoring the habitat of 

endangered species and other at-risk plants and animals. 

• The United States ratified the Protocol Concerning Specially Protected Areas and 

Wildlife to the 1983 Convention for the Protection and Development of the Marine 

Environment of the Wider Caribbean Region, better known as the SPAW Protocol. The 

international agreement paves the way for greater coordination and protection of marine 

biodiversity in the Wider Caribbean region. 

• The US Fish and Wildlife Service (FWS) and the Department of Commerce’s National 

Oceanic and Atmospheric Administration’s (NOAA) Fisheries Service (NOAA Fisheries) 

issued new regulations to accelerate Endangered Species Act review of National Fire Plan 

(NFP) actions, allowing land managers to better protect communities and wildlife habitat 

from catastrophic fires. 

• NOAA Fisheries, and Restore America’s Estuaries awarded a $1.7 million grant to 

continue their three-year partnership to restore habitat vital to the conservation of 

America's coastal fisheries. 

• NOAA established a new National Center for Research on Aquatic Invasive Species in 

Ann Arbor, Michigan. The Center allows NOAA to more effectively organize and 

coordinate its aquatic invasive species research efforts while assuring that NOAA 

resources are focused on priority problems nationwide, and where appropriate, form 

partnerships with other agencies, academia, and the private sector. 

• Almost ten years after three ships collided and spilled oil into Tampa Bay, citizens 

regained 15 acres of wetland and upland habitat at Joe’s Creek along the shores of Boca 

Ciega Bay, Florida. Federal, state and county officials declared the Joe’s Creek site fully 

restored and an example of the many restoration projects implemented under the Tampa 

Bay Oil Spill settlement. 

• USDA released $7 million to assist farmers in the Klamath Basin. The funds are part of a 

$50 million fund for Klamath farmers made available through the Environmental Quality 

Incentives Program authorized in the 2002 Farm Bill. 
85

• USDA made available 15-year agreements for the Wildlife Habitat Incentives Program to 

help farmers and ranchers restore and protect wildlife habitat. 

Pollutants and Health 

• EPA granted $2.7 million for research on risk assessment and clean-up methods for 

Superfund sites to transform land contaminated by hazardous waste into profitable new 

businesses. The grants included research on increasing community involvement in 

planning to redevelop the land for new business or recreational use. 

• The Environmental Council of the States and the Association of State and Territorial 

Health Officials (ASTHO) released a report, “Catching Your Breath: Strategies to Reduce 

Environmental Factors that Contribute to Asthma in Children.” The project is a joint 

activity of the Environmental Council of the States and ASTHO and is funded through a 

cooperative agreement with EPA and the Centers for Disease Control and Prevention 

(CDC). 

• Environment and health agencies in California, Wisconsin and Wyoming were awarded a 

total of $100,000 in September of 2003 to implement the “Catching Your Breath” project 

by conducting pilot projects to address environmental triggers of childhood asthma. 

• Forty high-priority hazardous waste sites across the country were cleaned up in Fiscal 

Year (FY) 2003 (1 October 2002–30 Sept. 2003). As of October 2003, EPA had cleaned up 

886 sites on the Superfund National Priorities List (NPL). These sites are considered some 

of the highest health threats in the nation. 

• EPA issued a new, organic liquid distribution rule that would reduce toxic air emissions 

by 3,500 tons per year and reduce volatile organic compound emissions by approximately 

9,900 tons per year. It would affect approximately 380 existing facilities as well as new 

facilities. 

• EPA issued an air toxics rule for miscellaneous coating manufacturing facilities expected 

to reduce toxic air emissions by 4,900 tons per year from facilities such as those that 

produce paints, inks or adhesives. It is also expected to reduce volatile organic compound 

emissions which contribute to the formation of ground-level ozone or smog. 

• EPA made available $73.1 million in Brownfields funds for a variety of different grants 

from the Small Business Liability Relief and Brownfields Revitalization Act. 

• EPA released "America's Children and the Environment: Measures of Contaminants, 

Body Burdens, and Illnesses," the Agency's second report on trends in environmental 

factors related to the health and well-being of children in the United States. 

• Thirteen final rules to reduce toxic air emissions from industrial facilities across the 

United States were signed and, when fully implemented, they are expected to reduce 

annual toxic air emissions by over 37,000 tons per year and avoid health problems. They 

will also reduce over 6,000 tons of other air pollutants. 

• The Federal Interagency Forum on Child and Family Statistics issued the report, 

America's Children: Key National Indicators of Well-Being, 2003, outlining 25 indicators 

on important aspects of children's lives, including environmental and health situations. 

• The United States made available the 2001 Toxics Release Inventory (TRI) data in June 

2003. It included the first year of reporting for lead and lead compounds as persistent 

bioaccumulative toxic (PBT) chemicals, giving communities a more complete picture of 

sources of these chemicals in their environment. 

• EPA completed and distributed 25,000 copies of its desktop software, TRI Made Easy 

(TRI-ME), to assist facilities in determining and meeting their TRI Reporting obligations. 

For the first time, this year’s version of the software provided direct electronic reporting 

to EPA’s Central Data Exchange through the Internet with electronic signature. 
86 CEC Annual Report 2003 

• The USDA awarded $3.2 million in water and wastewater facility grants and loans for 

Minnesota for projects that will spur economic growth and job creation and eliminate 

potential environmental and health concerns through building and upgrading water and 

waste disposal facilities in two counties. 

• In Fiscal Year (FY) 2003, 12 former non-attainment areas, with a combined population of 

6.8 million people, were certified as having attained National Ambient Air Quality 

Standards (NAAQS), and 34 communities around the country pledged to reduce air 

pollution sooner than required by the Clean Air Act (CAA). 

• EPA proposed to regulate emissions from heavy-duty, non-road diesel sources such as 

construction and agricultural equipment, and completed standards for marine diesel 

engines and motorcycles. EPA also began certifying motor vehicles to meet the Tier 2 

light-duty vehicle standards that were promulgated in 2000, and began the certification of 

heavy-duty engines that meet the 2004 engine standards. 

• EPA’s Acid Rain Program continued on course to meet its FY 2010 objective. As a result 

of efforts by utilities covered under this program, sulfur dioxide (SO2) emissions 

continued to decline from 17.5 million tons in 1980 (baseline) to 10.2 million tons 

through 2002, while nitrogen oxides (NOx) emissions were reduced by 33 percent from 

1990 emissions levels. 

• EPA’s report Response of Surface Water Chemistry to the Clean Air Act Amendments of 

1990, released in January 2003, concludes that measurable improvements in surface water 

chemistry (lower sulfate concentrations and decreases in acidity) have resulted from 

reductions in emissions and wet sulfate deposition under the Acid Rain Program. 

• In FY 2003, EPA initiated the Clean School Bus (CSB) USA Program—an outgrowth of 

EPA’s Voluntary Diesel Retrofit Program. The CSB USA Program’s goal is to reduce both 

children’s exposure to diesel exhaust and the amount of air pollution created by diesel 

school buses. Since 2000, when EPA first launched the Voluntary Diesel Retrofit 

Program, commitments have been made to retrofit more than 160,000 vehicles and 

engines. 

• In FY 2003, EPA and the Advertising Council launched an aggressive nationwide English 

and Spanish language media campaign to heighten awareness of asthma as a chronic 

disease. For the next three years, this public service campaign will educate the public 

about indoor environmental triggers of asthma attacks, such as mold and secondhand 

smoke, and how to prevent them. 

• In February 2002, President Bush committed America to a national climate change 

strategy that will cut the greenhouse gas intensity of the U.S. economy by 18 percent by 

2012. Overall, EPA’s climate protection programs are on track to prevent 185 million 

metric tons of carbon equivalent (MMTCE) annually by FY 2012, up from an estimated 

65 MMTCE in FY 2002. 

• EPA's Office of Solid Waste started the implementation of the Resource Conservation 

Challenge (RCC) with the goals of: promoting pollution prevention, recycling, and reuse; 

reducing the release of priority chemicals; and conserving energy and materials. To 

achieve these goals, the RCC champions six program elements: product stewardship, 

priority chemical reduction, "greening" the government, beneficial use of materials, 

energy conservation, and environmentally friendly design. 

• EPA announced nearly $15 million in grants to 20 watershed organizations selected as 

part of President Bush’s new Watershed Initiative (Targeted Watersheds Program). The 

grants support community-driven initiatives that protect human health, improve water 

quality and habitat, and enhance outdoor recreation. The selected watersheds cover more 

than 90,000 square miles of the nation’s lakes, rivers and streams. 
87

• In 2002 and 2003, EPA awarded almost $10 million annually in funds to all 35 coastal and 

Great Lakes states and territories to help improve public health programs to protect the 

health of those who use beaches, and to develop beach monitoring and public notification 

programs for coastal and Great Lakes beaches. 

• EPA awarded more than $470 million in grants in fiscal years 2002 and 2003 to control 

nonpoint source pollution—the leading cause of water quality impairments. These grants 

are being used to implement Best Management Practices to control polluted runoff from 

agriculture, urban areas, forestry operations, roads and other sources of polluted runoff. 

• EPA awarded more than $12 million in grants in 2002 and 2003 annually to states, tribes, 

and nongovernmental organizations to develop programs to protect, restore, and enhance 

wetlands in the United States. Many of these wetlands are in the North American flyway 

and are important for migratory birds. 

Law and Policy 

• FY 2003 was a record-breaking year for the recovery of civil penalties in environmental 

cases. Court awards and consent decrees achieved by the US Department of Justice (DOJ) 

and US Attorney’s Offices resulted in more than $203 million in penalties for civil 

violations of the nation’s environmental laws. In contrast, awards during the three 

previous years averaged approximately $75 million. 

• Brown Boys Feed Inc., of Royal City, Washington, pled guilty to violating the Resource 

Conservation and Recovery Act (RCRA) by illegally disposing of diesel fuel and was 

sentenced to pay a $35,000 fine and serve two years’ probation. Additionally, the 

defendant paid $46,000 to clean up the illegal fuel dump site and is required to disclose all 

financial information, including tax returns, during the probation period. 

• DOJ, EPA, the State of Ohio and the Ohio River Valley Water Sanitation Commission 

(ORSANCO) reached a settlement with the Board of Commissioners of Hamilton County 

and the city of Cincinnati where the Metropolitan Sewer District of Greater Cincinnati 

(MSD) is expected to spend more than a billion dollars to bring its aging sewer system 

into compliance with the Clean Water Act (CWA) and other pertinent laws and 

regulations. 

• DOJ, EPA, and the US Attorney, San Francisco, reached a comprehensive CAA 

settlement with Chevron USA Inc., expected to reduce harmful air emissions by almost 

10,000 tons per year from five US petroleum refineries that represent more than five 

percent of the total refining capacity in the United States. The consent decree required 

Chevron to spend an estimated $275 million to install and implement innovative control 

technologies to reduce emissions at its refineries. Chevron's actions under this agreement 

will reduce annual emissions of NOx by more than 3,300 tons and SO2 by nearly 6,300 

tons. 

• The District Court of Montana ordered W.R. Grace & Co. to pay over $54.5 million to 

reimburse the federal government for the costs of investigation and cleanup of asbestos 

contamination in Libby, Montana. 

• Tyson Foods Inc. pled guilty to 20 felony violations of the CWA and agreed to pay $7.5 

million to the United States and the State of Missouri. 

• The US District Court in Seattle ordered Olympic Pipeline Company (OPL) and Equilon 

Pipeline Corporation (EPC) to pay $51 million in criminal and civil penalties for a June 

10, 1999 gasoline pipeline explosion that killed three people, released approximately 

236,000 gallons of gasoline, and caused severe damage to two creeks in Bellingham, 

Washington. Three former OPL employees were also sentenced, and EPC's parent 

company, Shell Oil, will spend $61 million to ensure the safety of its pipelines in the 
88 CEC Annual Report 2003 

United States. This was the first criminal prosecution of pipeline companies and 

executives under the Federal Hazardous Liquid Pipeline Safety Act. 

• DOJ and EPA reached a multi-million dollar CAA settlement with Southern Indiana Gas 

and Electric Company, Inc. (SIGECO). The settlement is expected to eliminate 

approximately 10,500 tons of harmful air pollutants annually from three coal-fired 

electricity-generating units at the Culley Station. It was estimated that SIGECO would 

spend approximately $30 million to reduce emissions of NOx, SO2 and particulate matter 

(PM) and come into compliance with the CAA. The company will also pay a civil penalty 

of $600,000 and will spend at least $2.5 million on an environmental project to install and 

operate technology to reduce emissions from the Culley plant of sulfuric acid, a chemical 

affecting air opacity in the vicinity of the plant. 

• DOJ and EPA reached a $600 million CAA settlement with Wisconsin Electric Power 

Company (WEPCO), for violations of the New Source Review (NSR) provisions of the 

Act at several of its plants. The settlement is expected to eliminate more than 105,000 tons 

of harmful air pollutants annually from five coal-fired electricity-generating plants in 

Wisconsin and Michigan. 

• DOJ and EPA reached the largest CAA enforcement settlement with a power utility. 

Virginia (VA) Electric Power Co. would spend $1.2 billion between 2003 and 2013 to 

eliminate 237,000 tons of SO2 and NOx emissions each year from eight coal-fired 

electricity-generating plants in VA and West Virginia. 

• DOJ and EPA reached a settlement with Toyota Motor Corporation for CAA violations 

involving 2.2 million vehicles manufactured between 1996 and 1998. Under the 

settlement, Toyota would spend $20 million on a supplemental environmental project to 

retrofit up to 3,000 public diesel fleet vehicles to make them run cleaner and extend the 

emission control system warranty on affected vehicles. In addition, Toyota would 

accelerate its compliance with certain new emission control requirements, and pay a 

$500,000 civil penalty. The settlement would cost Toyota an estimated $34 million. 

• President Bush signed the Healthy Forests Restoration Act of 2003, a commitment to 

reduce the threat of catastrophic wildfire to communities and restore our nation’s forest 

and rangelands. 

• NOAA and the Florida Department of Environmental Protection (DEP) received $2.2 

million from the federal Oil Spill Liability Trust Fund to restore beaches and marine 

habitat damaged by an oil spill near Fort Lauderdale, Fla., over three years ago. This is the 

first time NOAA had been awarded a natural resource damage claim from the trust fund. 

• EPA announced a new Water Quality Trading Policy. The policy supports states and 

tribes in developing and implementing water quality trading programs that are consistent 

with CWA requirements and achieve watershed goals in more flexible ways. The Policy 

recognizes that within a watershed, the most effective and economical way to reduce 

pollution may be to provide incentives for earlier and voluntary pollution reductions—

resulting in cleaner water, faster. The Policy allows one source to meet its regulatory 

obligations by using pollutant reductions created by another source that has lower 

pollution control cost.

Public Participation 

• To make EPA's quality science available to researchers and all citizens, the EPA Science 

Inventory was launched for public access. The Science Inventory, managed by EPA's 

Office of Research and Development, is a searchable, Agency-wide database of 4,000 

scientific and technical work products. The Science Inventory is available at 

<http://www.epa.gov/si>. 
89

• ECHO, EPA's Enforcement and Compliance History Online database, successfully 

delivered local-facility compliance and enforcement information in response to over one 

million search requests in its first year of operation. Accessible at 

<http://www.epa.gov/echo>, ECHO gives every citizen the ability to easily access 

extensive information on EPA's environmental inspections, findings of violations and 

enforcement actions at more than 800,000 facilities nationwide. 

• A new resource for researchers, policymakers and concerned citizens on children's 

environmental health was made available online at 

<http://www.epa.gov/envirohealth/children>. The "America's Children and the 

Environment" web site presents data and discussion on environmental contaminants and 

children's health, based on EPA's report America's Children and the Environment: 

Measures of Contaminants, Body Burdens and Illnesses (2003). 

• New information on air quality became available year-round in more than 100 US cities 

as part of an ongoing effort to protect the American public from air pollution. 

• US EPA continued its commitment to inform the Hispanic community of the Agency's 

initiatives and programs by launching a new Spanish language campaign on the Hispanic 

Radio Network (HRN) throughout the US mainland and Puerto Rico. 

• US EPA unveiled a new web site to help high school students explore and learn about 

their environment and ways to protect it. The site can be found at 

<http://www.epa.gov/highschool/>. 

• <Regulations.gov>, a new online rulemaking web site that will make the federal 

rulemaking process more accessible and enable citizens and small businesses to quickly 

access and comment on hundreds of open proposed rules from all federal agencies was 

launched, and it is estimated that it will save $94 million by creating a single system for 

the entire federal government. 

• A new web site, designed to highlight the importance of Hispanic Heritage Parks and the 

part they play in the nation's history, was launched by DOI. It assists visitors in 

experiencing the nation's Hispanic heritage that is preserved and interpreted throughout 

the National Park Service. Visitors can log onto <www.nps.gov> in order to access this 

special program, which is prepared in English and Spanish. 

• Take Pride in America, a national partnership initiative aimed at increasing volunteer 

service on America's public lands, was launched. The program works with governors and 

other partners to launch volunteer conservation projects 

• The Bush Administration launched <EarthDay.gov>, a web site that provides a 

comprehensive guide to environmental service opportunities and Earth Day events 

sponsored by the federal government, including events hosted by USDA agencies. 

• DOE launched the <Energysavers.gov> web site, aiming to educate consumers on specific 

steps they can take to conserve energy. 

• The USDA awarded $440,000 in competitive grants for three organizations under the 

USDA’s Native American Outreach Program. The program’s goal is to develop and 

deliver outreach activities that will inform Native American farmers and ranchers, tribal 

governments, tribal communities and tribal colleges and universities about the availability 

of, and encourage participation in, USDA programs. 

• EPA and state and local agencies launched the National Air Toxic Trend Site network, 

which will help provide population exposure information for EPA and communities as 

they develop risk reduction strategies and programs. 
90 CEC Annual Report 2003 

Conclusion 

Calendar year 2003 was a successful year for the United States in fulfillment of our obligations 

under the North American Agreement on Environmental Cooperation. We have achieved 

important results in the areas of protection of biodiversity; preventing the health effects of 

pollution; enhancing linkages between trade, environment, and economy; and enforcing our 

environmental laws, as well as improving the participation of the public. The achieved results are 

an important step toward achieving even more substantial improvements in the future. 
91

2003 Financial Statements 
92 CEC Annual Report 2003 
93

Financial statements of 

Commission for 

Environmental 

Cooperation 

December 31, 2003 
94 CEC Annual Report 2003 
95
96 CEC Annual Report 2003 
97
98 CEC Annual Report 2003 
99
100 CEC Annual Report 2003 
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102 CEC Annual Report 2003 
103
104 CEC Annual Report 2003 
105

Looking Ahead 
106 CEC Annual Report 2003 
107

2004 Annual Program and Budget Overview 

 Budget 2004 C$ 

GOAL 1: To foster understanding of the state of our environment, and its 

relation to the economy and trade in North America 

1,050,000 

Objective A: The public and the Parties have a better understanding of the 

state of and outlook for the North American environment, and 

its relation to human and ecosystem health 

885,000 

Strategy 1: Facilitating data harmonization and information sharing and 

promoting integrated monitoring across North America to foster 

better understanding of the current status of the North American 

environment

795,000 

 State of the Environment Information 75,000 

 North American Pollutant Release and Transfer Registry: 

Taking Stock report 

 375,000 

 North American ambient air monitoring networks (Air) 60,000 

 North American air emissions and greenhouse gas inventories 

(Air) 

 245,000 

 Information exchange on best available technologies for air 

pollution control (Air) 

 40,000 

Strategy 2: Investigating potential environmental threats and issues of common 

concern by performing comparative analyses and assessments 

using comparable environmental information collected across 

North America

50,000 

 Forward-looking assessments of air pollution/public 

health/ecosystem interactions (Air) 

 50,000 

Strategy 3: Assessing the impacts of environmental degradation on human and 

ecosystem health in North America and disseminating assessment 

results to decision makers and the public 

40,000 

 Children’s Health and the Environment Indicators Report 40,000 

Objective B: Trade officials and the public understand the environmental 

effects of liberalized trade and use that understanding to 

inform new agreements 

165,000 

Strategy 1: Developing a strategic plan for the Environment, Economy 

and Trade program

 15,000 

 Develop a strategic plan for the Environment, Economy and 

Trade program 

 15,000 

Strategy 2: Assessing and disseminating findings on environment/trade 

relationships in a transparent manner

150,000 

 Assess linkages between trade and environment, focusing on 

agriculture and energy 

 50,000 

 Conduct third North American Symposium on Assessing the 

Environmental Impacts of Trade 

 100,000 
108 CEC Annual Report 2003 

GOAL 2: To act as a catalyst to improve domestic law and policy, and 

enhance environmental enforcement and compliance across North 

America 

405,000 

Objective A: Enhance cooperation in the development, improvement and 

dissemination of information about environmental laws, 

policies, standards and technical requirements 

265,000 

Strategy 1: Improving the understanding of regulatory and technical 

requirements, experiences and management techniques in selected 

sectors

50,000 

 "Best practices" for promoting and safeguarding water quality 50,000 

Strategy 2: Ensuring that online information about North American 

environmental laws and policies is up-to-date and easily accessible

- 

 Law Data Base Development - 

Strategy 3: Improving the coordination of environmentally sound management 

and tracking of transboundary hazardous waste in North America

215,000 

 Environmentally Sound Management of Hazardous Waste 

(ESM) 

 100,000 

 Transboundary movement of hazardous waste 80,000 

 Hazardous Waste Code Dictionary 35,000 

Objective B: The Parties enhance compliance with, and enforcement of, their 

environmental laws and regulations 

140,000 

Strategy 1: Providing a forum for the Parties and stakeholders to come together 

on issues of common concern

140,000 

 Enforcement Working Group meetings 30,000 

 Enforcement Working Group publications 60,000 

 Enforcement Working Group conferences and workshops 50,000 

Strategy 2: Ensuring that the Articles 14/15 process yields information that can enhance 

environmental enforcement and compliance in North America

 Please refer to Actions described under Goal 4, Objective A 

GOAL 3: To mobilize international cooperation to resolve critical 

North American environmental issues 

2,196,000 

Objective A: Conserve North America’s biodiversity and use it 

sustainably 

 755,000 

Strategy 1: Implementing the Biodiversity Strategic Plan through 

collaboration and cooperation

 

20,000 

Strategy 2: Promoting cooperation for the conservation and maintenance of 

North American regions of ecological significance 178,000 

 Grassland Ecosystem Network 70,000 

 North American Marine Protected Areas Network (NA MPA) 108,000 

Strategy 3: Promoting the conservation of North American migratory and 

transboundary species, and other species identified by the Parties 297,000 

 Terrestrial Species of Common Conservation Concern 100,000 

 Marine Species of Common Conservation Concern 117,000 

 North American Bird Conservation Initiative 80,000 

Strategy 4: Facilitating data and information sharing across North 

America and promoting integrated monitoring and 

assessment to increase understanding of the state of North 

American biodiversity

25,000 

Strategy 5: Facilitating communication, networking, and identification 
109

and sharing of best practices, priorities, and opportunities 

for education and training

110,000 

Strategy 6: Promoting collaborative responses to threats facing North 

American ecosystems, habitats and species 100,000 

Strategy 7: Identifying and evaluating potential collaborative 

opportunities for biodiversity conservation and sustainable 

use of biological resources that arise from regional trade

25,000 

Objective B: Ensure North American environmental, economic and trade 

policies are mutually supportive 340,000 

Strategy 1: Promoting renewable energy and energy efficiency in North 

America

 115,000 

Strategy 2: Fostering understanding of environmental labeling 37,000 

Strategy 3: Encouraging the disclosure of relevant environmental 

information

 94,000 

Strategy 4: Fostering green procurement in North America 75,000 

 Lead the North American Green Purchasing Initiative 

(NAGPI) 

 75,000 

Other Items 19,000 

 Complete the sustainable palm project 19,000 

 

Objective C: Prevent or reduce pollution impacts on human and 

ecosystem health 

 1,101,000 

Strategy 1: Facilitating the development and implementation of North 

American strategies and actions to protect human health and the 

environment

921,000 

 Sound Management of Chemicals Initiative (SMOC) 545,000 

 Regional Program of Action and Demonstration of 

Sustainable Alternatives to DDT for Malaria Vector Control 

in Mexico and Central America (DDTRP) 

 

126,000 

 Cooperative Agenda on Children’s Health and the 

Environment in North America 

 195,000 

 North American Air Working Group 10,000 

 Exchange opportunities for air quality professionals in North 

America 

 45,000 

Strategy 2: Fostering private sector actions to adopt sound approaches to 

environmental protection and conservation 180,000 

 Capacity building for pollution prevention 105,000 

 Environmental management systems (EMS) 65,000 

 Environmental auditing 10,000 

GOAL 4: That all CEC activities strive to provide a forum for public dialogue 

and participation concerning environmental issues in North 

America 

351,500 

Objective A: The North American public and NAAEC Parties view the citizen 

submission process as a useful and valuable mechanism for 

enhancing enforcement of and compliance with environmental 

law in North America 

351,500 

Objective B: The CEC will engage and inform the North American 

public in its programming and operations 

Cross-Cutting Management Activities and Objectives: 351,900 

Communications 351,900 
110 CEC Annual Report 2003 

Administration and Finance 5,934,200 

 Telecommunications 112,000 

 Operating equipment 124,000 

 Relocation orientation 50,000 

 Recruitment 15,000 

 External administrative support 244,800 

 Information Center 114,000 

 Corporate Office 202,500 

 Mexico Liaison office 226,300 

 Office supplies 140,000 

 Rent 722,600 

 Salaries 3,983,000 

Special Initiatives 1,362,900 

 Article 13 281,600 

 Ten-year Review of NAFTA/NAAEC 100,000 

 2004–2006 Operational Plan 30,000 

 Support to Council 265,500 

 Support to JPAC 360,000 

 Monitoring, Evaluation and Reporting 50,000 

 Annual report 27,000 

 Reserve for unforeseen needs 150,000 

 Capacity development support 98,800 

Total Budget 11,651,500 

Other Items 

NAFEC - 

Article 10(6) Cooperation with NAFTA Free Trade Commission - 

Article 10(7) Transboundary Environmental Impact Assessment - 

Pollutants and Health SMOC position 100,000 

Pollutants and Health PRTR/CEH position 100,000 

Postponed from 2003 

 Delay in SOE contracts (60,000) 

 Reduction in Air meeting costs (40,000) 

TOTAL 11,751,500