| Montreal, 19/09/2003 – The Secretariat of the Commission for Environmental Cooperation (CEC) has requested a response from Canada regarding allegations 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.
The Secretariat received a revised submission (Ontario Power Generation, SEM 03-001) from 49 Canadian and United States nongovernmental organizations 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 and section 36(3) of the Fisheries Act against the OPG facilities.
The CEC Secretariat had determined in July that the original Ontario Power Generation submission (SEM-03-001), which was filed in May 2003, 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. In its determination of 19 September 2003, the CEC Secretariat concluded that the deficiency had been corrected. The Secretariat found that the revised submission meets all of the criteria in Article 14(1) of the North American Agreement on Environmental Cooperation (NAAEC). Taking into account the factors listed in NAAEC Article 14(2), the Secretariat also determined that the revised submission merits a response from Canada.
Canada has up to 60 days to provide its response. The CEC Secretariat will then review the submission in light of the response to determine whether a factual record is warranted.
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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