| Montreal, 11/06/2001 – The Secretariat of North America's Commission for Environmental Cooperation (CEC) has recommended to the CEC Council that a factual record be developed in response to allegations that Canada is failing to enforce its Fisheries Act effectively.
The allegations were made in a citizen submission (SEM-98-004) filed with the CEC by Sierra Legal Defence Fund on behalf of Sierra Club of British Columbia, Environmental Mining Council of British Columbia and Taku Wilderness Association.
The submission alleges "the systemic failure of the Government of Canada to enforce section 36(3) of the Fisheries Act to protect fish and fish habitat from the destructive environmental impacts of the mining industry in British Columbia." (NOTE: for more information on the matter addressed in the submission, please consult the CEC's online Registry of Submissions on Enforcement Matters.)
The CEC Secretariat informed the Council of its determination that a factual record is warranted on 11 May 2001 and is now, 30 days later, able to provide public notification of this fact, in accordance with Section 10.2 of he Guidelines for Submissions under Articles 14 and 15 of the North American Agreement on Environmental Cooperation (NAAEC). The rationale for this recommendation by the Secretariat will be available to the public once Council has made its decision on whether or not to instruct the Secretariat to prepare a factual record.
Under Article 14 of NAAEC, the Secretariat may consider a submission from any person or nongovernmental organization asserting that a Party to NAAEC is failing to effectively enforce its environmental law. Where the Secretariat determines that the NAAEC Article 14(1) criteria are met, it may then proceed with a process that can lead to the development of a factual record on the matter. In accordance with Article 15(2) of NAAEC, the Secretariat shall prepare a factual record if the Council, by a two-thirds vote, instructs it to do so.
The CEC was established under 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 environment ministers (or equivalent) of Canada, Mexico and the United States.
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