| Montreal, 19/06/2006 – On 14 June 2006, the Council of the Commission for Environmental Cooperation (CEC) instructed the CEC Secretariat to prepare a factual record for the SEM-04-007 (Quebec Automobiles) submission.
In the submission, filed with the Secretariat on 3 November 2004, the Québec Association Against Air Pollution (Association québécoise de lutte contre la pollution atmosphérique—the “Submitter”) alleges that Canada, and specifically Québec, is failing to effectively enforce sections 96.1 and 96.2 of Québec's Regulation respecting the quality of the atmosphere (Règlement sur la qualité de l'atmosphère), as well as sections 19.1, 20 and 51 of Québec's Environment Quality Act (Loi sur la qualité de l'environnement) in connection with emissions of hydrocarbons, carbon monoxide and nitrogen oxides from post-1985 light vehicle models.
On 1st February 2005, the government of Canada filed a response to the submission. In the response, the Government of Québec contends that the problem meant to be addressed by these "anti-tampering" provisions was in large part resolved by the ban on leaded gasoline that took effect in 1990, followed by the introduction of fuel injection and car engine computers. Quebec also asserts that it is concentrating on developing a motor vehicle inspection and maintenance program that will address socio-economic and technical issues encountered in other jurisdictions that have adopted such programs. Quebec asserts that it wants to start by dealing with pollution from heavy vehicles and that it has authorized the drafting of a regulation in this regard. Quebec adds that beyond strict judicial enforcement of the law, the Quebec Ministry of the Environment has carried out awareness raising, educational and information activities, and has monitored the state of the automobiles on Quebec's roads.
On 5 May 2005, the Secretariat issued a notification recommending to the Council that a factual record be prepared for the submission. On 14 June 2006, in Council Resolution 06-07, the Council voted unanimously to instruct the Secretariat to prepare a factual record.
The CEC was established under the North American Agreement on Environmental Cooperation (NAAEC) to address environmental issues in North America from a continental perspective, with a particular focus on those arising in the context of liberalized trade. The CEC Council, the organization's governing body, is composed of the top environment officials of Canada, Mexico and the United States.
The citizen submissions mechanism of the CEC enables the public to play a whistle-blower role on matters of environmental law enforcement. Under Article 14 of the NAAEC, any person or nongovernmental organization may submit to the Secretariat a claim alleging that a NAFTA partner is failing to effectively enforce its environmental law. Following a review of the submission, the CEC Secretariat may investigate the matter and prepare a factual record of its findings.
For more information, please visit the CEC's Citizen Submissions on Enforcement Matters page. |
