| Montreal, 19/08/2003 – The Commission for Environmental Cooperation (CEC) has received a revised citizen submission asserting that Canada is failing to effectively enforce the Canadian Environmental Protection Act and the federal Fisheries Act against Ontario Power Generation's (OPG) coal-fired power plants.
On July 15, the CEC Secretariat determined that the original Ontario Power Generation submission (SEM-03-001) failed to meet the basic requirements of Article 14(1) of the North American Agreement on Environmental Cooperation (NAAEC) because it contained insufficient information regarding whether private remedies available under Canada's law have been pursued. The Submitters were given 30 days to provide the Secretariat with a submission that conforms to the criteria of the citizen submission process. Forty-nine nongovernmental organizations from Canada and the United States filed the revised submission on 14 August 2003.
The submitters assert that emissions of mercury, sulfur dioxide and nitrogen oxides from OPG's coal-powered facilities pollute the air and water downwind, in eastern Canada and northeastern United States. They assert that Canada is failing to effectively enforce sections 166 and 176 of the Canadian Environmental Protection Act, which, they claim, obligate the Minister of the Environment to take action to address Canadian sources of pollution that he has reason to believe are causing air or water pollution in the United States. They also assert that Canada is failing to effectively enforce section 36(3) of the Fisheries Act against the OPG facilities. Section 36(3) prohibits the deposit of a deleterious substance into water frequented by fish or in any place under any conditions where the substance may enter such water. The revised submission provides new information regarding the pursuit of remedies available under Canadian law regarding OPG's emissions.
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 a claim alleging that a NAFTA partner has failed to effectively enforce its environmental law. Following a review of the submission, the CEC may investigate the matter and pursue a factual record of its findings.
For further information, please consult: <http://www.cec.org/citizen/>.
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