| Montreal, 30/06/2003 – On 27 June 2003, the Secretariat of the Commission for Environmental Cooperation (CEC) submitted the final factual records for the Oldman River II, BC Mining, and BC Logging submissions to the CEC Council, pursuant to Article 15(6) of the North American Agreement on Environmental Cooperation (NAAEC).
Oldman River II
The Oldman River II (SEM-97-006) submission was filed on 4 October 1997 by Friends of the Oldman River. The Submitters contend that Canada is failing to effectively enforce sections 35, 37 and 40 of the Fisheries Act and related provisions of the Canadian Environmental Assessment Act. The Submitters contend that, as a matter of Canada-wide policy, Canada improperly avoids subjecting projects to environmental assessments by issuing Letters of Advice to project proponents outlining measures that will avoid the need to obtain authorizations to harm fish habitat under section 35(2) of the Fisheries Act. Such authorizations ordinarily require an environmental assessment. The Submitters also contend that, throughout the country, Canada routinely fails to ensure compliance with or prosecute violations of the habitat protection provisions of the Fisheries Act. The Submitters provide information on a logging road built by Sunpine Forest Products Ltd. as an example of Canada's failure to effectively enforce the two laws.
On 19 July 1999, in light of the submission and Canada's response, the Secretariat recommended preparation of a factual record for the submission. In May 2000, the Council deferred voting on the recommendation in light of a pending judicial proceeding involving the Sunpine case. On 16 November 2001, the Council voted unanimously to instruct the Secretariat to prepare a factual record with respect to the Sunpine case.
BC Mining
The BC Mining (SEM-98-004) submission was filed on 29 June 1998, by the Sierra Legal Defence Fund on behalf of Sierra Club of British Columbia, Environmental Mining Council of British Columbia, and Taku Wilderness Association. The Submitters allege a systemic failure by Canada to effectively enforce section 36(3) of the Fisheries Act in regard to the mining industry in British Columbia, especially in regard to the deposit of acid mine drainage into fish-bearing waters, and they list forty-two known or potentially acid-generating mines in respect of which their assertions are made. More detailed information is provided regarding Canada's actions at three mines: Britannia, Tulsequah Chief and Mt. Washington.
On 11 May 2001, in light of the submission and Canada's response, the Secretariat recommended preparation of a factual record for the submission. On 16 November 2001, the Council voted unanimously to instruct the Secretariat to prepare a factual record with respect to the Britannia Mine.
BC Logging
The BC Logging (SEM-00-004) submission was filed on 15 March 2000, by the David Suzuki Foundation, Greenpeace Canada, Sierra Club of British Columbia, Northwest Ecosystem Alliance, and the National Resources Defense Council. The Submitters contend that Canada is systematically failing to effectively enforce sections 35 and 36 of the Fisheries Act in connection with logging operations on both public and private lands throughout British Columbia. The Submitters claim that the federal government relies too heavily on British Columbia's forestry regulations which, according to the Submitters, allow logging practices that harm fish and fish habitat and deposit harmful sediment in fish-bearing waters. The submission alleges that these practice result in many Fisheries Act violations that Canada is failing to address effectively. The submission also cites Canada's actions in connection with TimberWest's logging operations in the Sooke watershed as a specific example of ineffective enforcement.
On 27 July 2001, in light of the submission and Canada's response, the Secretariat recommended preparation of a factual record for the submission. On 16 November 2001, the Council voted unanimously to instruct the Secretariat to prepare a factual record with regard to the two specific cases involving TimberWest.
On 27 June 2003, the Secretariat submitted the final factual records for the Oldman River II, BC Mining and BC Logging submissions to the Council, pursuant to Article 15(6) of the NAAEC. In accordance with Article 15(7), the Council may, by a two-thirds vote, make the final factual record publicly available, normally within 60 days following its submission.
The CEC was established by the governments of Canada, Mexico and the United States to address regional environmental concerns, help prevent potential trade and environmental conflicts, and to promote the effective enforcement of environmental law.
Please visit the Citizen Submission on Enforcement Matters page for more information. |
