CEC Secretariat releases overall plan to develop a factual record for Ontario Logging submission

The Ontario Logging submission was filed with the Secretariat by Sierra Legal Defence Fund, on 6 February 2002, on behalf of several Canadian and US environmental groups. The Submitters alleged that Canada is failing to effectively enforce Section 6(a) of the Migratory Bird Regulations (MBR) adopted under the Migratory Birds Convention Act, 1994, in regard to clearcut logging in 59 forest management units (FMUs) in areas of central and northern Ontario in 2001. Section 6(a) of the MBR makes it an offense to disturb, destroy or take a nest or egg of a migratory bird without a permit. On 12 March 2004, in Council Resolution 04-03, the Council instructed the Secretariat to prepare a factual record with regard to alleged failures by Canada to effectively enforce Section 6(a) of the MBR in regard to clearcut logging activities carried out from 1 January to 31 December 2001, particularly with respect to the migratory bird nesting season, in 49 FMUs identified by the Submitters, including five of the original 59 that were amalgamated with FMUs included in the 49.

Information gathering for the factual record will begin in early April 2004, and will end in September 2004. According to Article 15(4) of the North American Agreement on Environmental Cooperation (NAAEC), in preparing a factual record, "the Secretariat shall consider any information furnished by a Party [Canada, Mexico, United States] and may consider any relevant technical, scientific or other information (a) that is publicly available; (b) submitted by interested nongovernmental organizations or persons; (c) submitted by the Joint Public Advisory Committee; or (d) developed by the Secretariat or by independent experts." The Secretariat expects to present the Council with a draft factual record by late January 2005.

The citizen submissions mechanism established under Articles 14 and 15 of the NAAEC enables the public to play a whistle-blower role on matters of environmental law enforcement in North America. Under Article 14, any person or nongovernmental organization may submit to the CEC Secretariat a claim alleging that a NAFTA partner has failed to effectively enforce its environmental law. Following a review of the submission, and if instructed to do so by the Council, the Secretariat may investigate the matter and pursue a factual record of its findings pursuant to Article 15.

Please visit the Citizen Submission on Enforcement Matters page for more information.