Compendium of International Environmental Agreements September 2008 - 4th Edition Acknowledgement We would like to express special thanks to all employees and managers who have taken the time to contribute to this product. Additional copies can be obtained from International Affairs Branch Multilateral and Bilateral Relations Directorate Environment Canada 14th Floor, Fontaine Building 200, Sacré-Coeur Gatineau, QC K1A 0H3 Telephone: (819) 994-0989 Facsimile: (819) 994-6227 (Cette publication est aussi disponible en français) PREFACE In 1998, Environment Canada undertook an intensive internal review of its international involvement and activities to understand how Canada was progressing on international work. One of the recommendations that came from this review was the compilation of a summary of international environmental agreements and commitments in order to allow improved tracking of departmental progress on international environmental obligations. This fifth edition of the compendium is part of Environment Canada’s sustained effort to corporately monitor its international commitments, take stock of progress, and measure results. The number of environmental agreements, with the addition of new agreements at the global, regional, and bilateral levels, has grown substantially. Governments face the challenge of managing a growing body of commitments with limited resources. National level coordination is essential for effective coordination at the international level. This compendium is one of the tools that can help Canada ensure its coordination at home. We are grateful for the assistance of colleagues throughout the department in constructing this compendium of agreements. It is not intended to be exhaustive— there are other arrangements with environment-related components that are mainly the responsibility of other government departments, so they are not included. However, taken as a whole, this fifth edition of the compendium provides a more comprehensive picture of the scope of Environment Canada’s international activities. Compendium of International Environmental Agreements – 2008 IV Within each chapter, the agreements are sorted by issue area. We hope this will be a useful reference tool for those involved in international activities. We would welcome any comments or feedback on this publication. Please provide any comments to: Multilateral and Bilateral Relations Directorate International Affairs Branch Environment Canada 14th Floor, Fontaine Building 200 Boulevard Sacré-Coeur Gatineau, QC K1A 0H3 Fax: (819) 994-6227 Compendium of International Environmental Agreements – 2008 V Table of Contents Compendium of International Environmental Agreements THEMATIC INDEX OF AGREEMENTS AIR .................................................................................................................... XVI BIODIVERSITY/ECOSYSTEMS.......................................................................... XVI CHEMICALS...................................................................................................... XVII CLIMATE CHANGE .......................................................................................... XVIII ENVIRONMENTAL COOPERATION ..................................................................... XX FRESHWATER ................................................................................................. XXIII HAZARDOUS WASTES ....................................................................................XXIV MARINE/ OCEANS ..........................................................................................XXIV METEOROLOGY ...............................................................................................XXV INTERNATIONAL AGREEMENTS Agreement on International Humane Trapping Standards (AIHTS) ............................ 2 Agreement on the Conservation of Polar Bears and Their Habitat ............................. 5 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (Basel Convention) .................................................................... 8 Cartagena Protocol on Biosafety ............................................................................ 14 Convention on Biological Diversity ......................................................................... 17 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ............................................................................................................... 22 Compendium of International Environmental Agreements – 2008 VI Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC72) ...................................................................................................... 26 Convention on the Transboundary Effects of Industrial Accidents ............................ 29 Convention of the World Meteorological Organization ............................................. 32 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar) ............................................................................................................. 37 Declaration of Intent for the Conservation of North American Birds and their Habitat 41 International Convention for the Control and Management of Ships’ Ballast Waster and Sediments ............................................................................................................ 43 International Convention for the Prevention of Pollution from Ships (MARPOL) ....... 45 International Convention on Civil Liability for Oil Pollution Damage (CLC) ............... 47 International Convention on Oil Pollution Preparedness, Response, and Cooperation (OPRC) ............................................................................................................... 50 International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS) .................................................................................................................. 53 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) .................................................... 55 International Treaty on Plant Genetic Resources for Food and Agriculture ............... 58 North American Agreement on Environmental Cooperation ..................................... 60 OECD DECISIONS: Decision Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations ............................................................... 65 Compendium of International Environmental Agreements – 2008 VII Decision Concerning the Minimum Pre-Market Set of Data (MPD) in the Assessment of Chemicals (82) 196 ............................................................ 70 Decision on the Mutual Acceptance of Data (MAD) in the Assessment of Chemicals C(81)30 ................................................................................... 73 Decision on the Protection of the Environment by Control of Polychlorinated Biphenyls (PCBs) C(73)1 and C(87)2 ....................................................... 76 Decision-Recommendation on Compliance with Principles of Good Laboratory Practice (C[89] 87) .................................................................................. 79 Decision-Recommendation on Cooperative Investigation and Risk Reduction of Existing Chemicals ..................................................................................... 82 Decision — Recommendation on the Systematic Investigation of Existing Chemicals C(87)90 ................................................................................... 85 Madrid Protocol - Antarctic Treaty System ......................................................... 88 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter ...................................................................................... 92 Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade .................................... 95 Security and Prosperity Partnership (SPP) of North American ................................ 98 Stockholm Convention on Persistent Organic Pollutants (POPs) ........................... 101 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP): Protocol to Abate Acidification, Eutrophication, and Ground-level Ozone (Gothenburg Protocol) ............................................................................. 104 Protocol Concerning the Control of Emissions of Volatile Organic Compounds (VOCs) or their Transboundary Fluxes...................................................... 107 Compendium of International Environmental Agreements – 2008 VIII Protocol Concerning the Control of Nitrogen Oxides or their Transboundary Fluxes ..................................................................................................... 110 Protocol on Further Reductions of Sulphur Emissions ................................ 112 Protocol on Heavy Metals ......................................................................... 114 Protocol on Long-Term Financing of the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmissions of Air Pollutants in Europe (EMEP) ....................................................................................... 116 Protocol on Persistent Organic Pollutants (POPs) ..................................... 119 Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at Least 30 Percent ............................................................................. 122 UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) ............................................................................... 125 Protocol on Pollutant Release and Transfer Registers under the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) ......................................... 127 United Nations Framework Convention on Climate Change (UNFCCC) ................. 131 United Nations Framework Convention on Climate Change (UNFCCC) – Kyoto Protocol .............................................................................................................. 134 United Nations Convention on the Law of the Sea (UNCLOS) .............................. 138 United Nations Convention to Combat Desertification ........................................... 143 Vienna Convention for the Protection of the Ozone Layer ..................................... 147 Vienna Convention for the Protection of the Ozone Layer – Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) ................................................ 150 Compendium of International Environmental Agreements – 2008 IX CANADA/US AGREEMENTS Agreement between the Government of Canada and the Government of the United States on Air Quality ........................................................................................... 156 Agreement between the Government of Canada and the Government of the United States concerning the Transboundary Movement of Hazardous Waste .................. 163 Agreement between the Government of Canada and the Government of the United States on the Conservation of the Porcupine Caribou Herd ................................... 167 Agreement between the Canada and the United States for Water Supply and Flood Control in the Souris River Basin ......................................................................... 170 Agreement between Canada and the United States of America Relating to the Exchange of Information on Weather Modification Activities .................................. 174 Agreement to Provide for Joint Canada–US Collaboration in Use of the Meteorological Service of Canada Airborne Imaging Microwave Radiometer (AIMR) .................... 176 Canada–United-States Joint Inland Pollution Contingency Plan ............................. 178 Canada–US Bilateral Agreement on Shellfish Sanitation ....................................... 181 Canada–United States Joint Marine Pollution Contingency Plan ............................ 185 Convention for the Protection of Migratory Birds in the United States and Canada . 188 Joint Statement between the Government of Canada and the Government of the United Sates of America to Expand and Intensify Existing Bilateral Efforts to Address Global Climate Change ....................................................................................... 190 Environment Canada – U.S. Environmental Protection Agency Joint Statement of Cooperation on the Georgia Basin and Puget Sound Ecosystem ........................... 192 Great Lakes Water Quality Agreement (GLWQA) ................................................. 195 Compendium of International Environmental Agreements – 2008 X Letter of Agreement between the United States Coast Guard International Ice Patrol and Environment Canada’s Canadian Ice Service ................................................. 198 Memorandum of Understanding Between the Environmental Protection Agency of the United States of America and the Department of the Environment of Canada Concerning Cooperation in Research, Development and Demonstrations in Science and Technology Related to Environmental Protection............................................ 201 Memorandum of Understanding between the United States Coast Guard and the Department of the Environment of Canada Concerning Research and Development Cooperation in Spill Response Technology........................................................... 203 Memorandum of Understanding between the US Department of Commerce's National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in the Field of Meteorology, Hydrology, and Climate Forecast Service and Programs .............................................................. 204 Memorandum of Understanding between the US Department of Commerce’s National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in Environmental Data Acquisition and Utilization .......................................................................................................................... 207 North America Ensemble Forecast System Joint US National Weather Service– Meteorological Service of Canada Ensemble Forecasting Research, Development, and Implementation Plan ..................................................................................... 209 Treaty between Canada and the United States of America Relating to Cooperative Development of the Water Resources of the Columbia River Basin (Columbia River Treaty) ............................................................................................................... 213 Treaty between Canada and the United States of America relating to the Skagit River and Ross Lake, and the Seven Mile Reservoir on the Pend d'Oreille River ............ 216 Compendium of International Environmental Agreements – 2008 XI Treaty between Canada and the United States of America Concerning the Diversion of the Niagara River ................................................................................................ 219 Treaty Relating to the Boundary Waters and Questions Arising Along the Border between the United States and Canada ............................................................... 221 BILATERAL AGREEMENTS Agreement between the Government of Canada and the Government of the Federal Republic of Germany on Scientific and Technical Cooperation .............................. 226 Agreement between the Government of Canada and the Government of Japan on Cooperation in Science and Technology .............................................................. 230 Agreement between the Government of Canada and the Government of the Russian Federation concerning Environmental Cooperation ............................................... 231 Agreement for Scientific and Technological Cooperation between the Government of Canada and the Government of the Republic of India ........................................... 235 Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile .............................................................. 237 Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Costa Rica ..................................................... 240 Agreement on Environmental Cooperation between the Government of Canada and the United Mexican States ................................................................................... 243 Canada–China Framework Statement for Cooperation on Environment into the 21st Century .............................................................................................................. 245 Canada–South Africa Joint Declaration of Intent on Strengthened Bilateral Cooperation ........................................................................................................ 247 Compendium of International Environmental Agreements – 2008 XII Cooperative Arrangement between the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) of Australia and the Minister of Environment Canada (EC) and the Minister of Health Canada (HC), on the Subject of Sharing Information on New Industrial Chemicals ............................................................................... 249 Joint Statement between the Government of Canada and the Government of the People’s Republic of China on Strengthened Dialogue and Future Cooperation on Climate Change .................................................................................................. 252 Joint Statement between the Department of the Environment of Canada and the Ministry of Environment and Natural Resources of the United Mexican States on Strengthened Dialogue and Cooperation on Climate Change ................................ 254 Exchange of Letters between Canada and the European Commission on Environmental Cooperation.................................................................................. 256 Memorandum of Understanding between Canada and Brazil on Cooperation in the Area of Climate Change Initiatives including the Clean Development Mechanisms . 258 Memorandum of Understanding between China Meteorological Administration (CMA), People’s Republic of China, and Meteorological Service of Canada (MSC), Environment Canada, Canada on Cooperation in Science and Technology Related to Meteorology, Hydrology, Environmental Predictions and Climate Change .............. 260 Memorandum of Understanding between the Government of Canada and the Government of the Federative Republic of Brazil on Environmental and Sustainable Development Consultations and Cooperation ....................................................... 262 Memorandum of Understanding between the Minister of Environment of Canada and the Federal Minister for the Environment, Nature Conservation and Nuclear Safety of the Federal Republic of Germany on Environmental Cooperation .......................... 264 Compendium of International Environmental Agreements – 2008 XIII Memorandum of Understanding between the Government of Canada and the Government of the Republic of Trinidad and Tobago Concerning the Provision of Technical Expertise in Areas of Environmental Management ................................. 266 Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Environment of the Republic of Korea ............................................................................................... 268 Memorandum of Understanding for Scientific and Technical Cooperation in the Field of the Environment between Environment Canada and the French Ministry Attached to the Prime Minister Responsible for the Environment and the Prevention of Major Technological and Natural Risks .......................................................................... 270 Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Science, technology and Environment of the Kingdom of Thailand ....................................................... 273 Memorandum of Understanding on Environmental Cooperation between the Department of Environment of Canada and the State Environmental Protection Administration of China ....................................................................................... 275 Memorandum of Understanding on Environmental Collaboration between the Department of the Environment of Canada and the Planning, Environment and Lands Bureau of the Hong Kong Special Administrative Region of the People’s Republic of China ................................................................................................................. 277 Memorandum of Understanding between the Government of Canada and the Government of India on Climate Change initiatives, including Clean Development Mechanism Projects ............................................................................................ 279 List of Acronyms ................................................................................................. 280 Compendium of International Environmental Agreements – 2008 XIV CONTACT LIST .................................................................................................. 284 THEMATIC INDEX OF AGREEMENTS Compendium of International Environmental Agreements – 2008 XV THEMATIC INDEX OF AGREEMENTS AIR Agreement between the Government of Canada and the Government of the United States on Air Quality ........................................................................................... 156 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP): Protocol to Abate Acidification, Eutrophication, and Ground-level Ozone (Gothenburg Protocol) ............................................................................. 104 Protocol Concerning the Control of Emissions of Volatile Organic Compounds (VOCs) or their Transboundary Fluxes...................................................... 107 Protocol Concerning the Control of Nitrogen Oxides or their Transboundary Fluxes ..................................................................................................... 110 Protocol on Further Reductions of Sulphur Emissions ................................ 112 Protocol on Heavy Metals ......................................................................... 114 Protocol on Long-Term Financing of the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmissions of Air Pollutants in Europe (EMEP) ....................................................................................... 116 Protocol on Persistent Organic Pollutants (POPs) ..................................... 119 Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at Least 30 Percent ............................................................................. 122 BIODIVERSITY/ECOSYSTEMS Agreement between the Government of Canada and the Government of the United States on the Conservation of the Porcupine Caribou Herd ................................... 167 Agreement on International Humane Trapping Standards (AIHTS) ............................ 2 Compendium of International Environmental Agreements – 2008 XVI Agreement on the Conservation of Polar Bears and Their Habitat ............................. 5 Canada–US Bilateral Agreement on Shellfish Sanitation ....................................... 181 Cartagena Protocol on Biosafety ............................................................................ 14 Convention for the Protection of Migratory Birds in the United States and Canada . 188 Convention on Biological Diversity ......................................................................... 17 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) ............................................................................................................... 22 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar) ............................................................................................................. 37 Declaration of Intent for the Conservation of North American Birds and their Habitat 41 Environment Canada – U.S. Environmental Protection Agency Joint Statement of Cooperation on the Georgia Basin and Puget Sound Ecosystem ........................... 192 International Treaty on Plant Genetic Resources for Food and Agriculture ............... 58 Madrid Protocol - Antarctic Treaty System ......................................................... 88 CHEMICALS Convention on the Transboundary Effects of Industrial Accidents ............................ 29 Cooperative Arrangement between the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) of Australia and the Minister of Environment Canada (EC) and the Minister of Health Canada (HC), on the Subject of Sharing Information on New Industrial Chemicals ............................................................................... 249 International Convention on Civil Liability for Oil Pollution Damage (CLC) ............... 47 OECD Decisions: Decision Concerning the Minimum Pre-Market Set of Data (MPD) in the Assessment of Chemicals (82) 196 ............................................................ 70 Compendium of International Environmental Agreements – 2008 XVII Decision on the Mutual Acceptance of Data (MAD) in the Assessment of Chemicals C(81)30 ................................................................................... 73 Decision on the Protection of the Environment by Control of Polychlorinated Biphenyls (PCBs) C(73)1 and C(87)2 ....................................................... 76 Decision-Recommendation on Compliance with Principles of Good Laboratory Practice (C[89] 87) .................................................................................. 79 Decision-Recommendation on Cooperative Investigation and Risk Reduction of Existing Chemicals ..................................................................................... 82 Decision — Recommendation on the Systematic Investigation of Existing Chemicals C(87)90 ................................................................................... 85 Protocol on Pollutant Release and Transfer Registers under the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) ......................................... 127 Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade .................................... 95 Stockholm Convention on Persistent Organic Pollutants (POPs) ........................... 101 Vienna Convention for the Protection of the Ozone Layer ..................................... 147 Vienna Convention for the Protection of the Ozone Layer – Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) ................................................ 150 CLIMATE CHANGE Joint Statement between the Department of the Environment of Canada and the Ministry of Environment and Natural Resources of the United Mexican States on Strengthened Dialogue and Cooperation on Climate Change ................................ 254 Compendium of International Environmental Agreements – 2008 XVIII Joint Statement between the Government of Canada and the Government of the People’s Republic of China on Strengthened Dialogue and Future Cooperation on Climate Change .................................................................................................. 252 Joint Statement between the Government of Canada and the Government of the United Sates of America to Expand and Intensify Existing Bilateral Efforts to Address Global Climate Change ....................................................................................... 190 Memorandum of Understanding between Canada and Brazil on Cooperation in the Area of Climate Change Initiatives including the Clean Development Mechanisms . 258 Memorandum of Understanding between China Meteorological Administration (CMA), People’s Republic of China, and Meteorological Service of Canada (MSC), Environment Canada, Canada on Cooperation in Science and Technology Related to Meteorology, Hydrology, Environmental Predictions and Climate Change .............. 260 Memorandum of Understanding between the Government of Canada and the Government of India on Climate Change initiatives, including Clean Development Mechanism Projects ............................................................................................ 279 Memorandum of Understanding between the US Department of Commerce's National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in the Field of Meteorology, Hydrology, and Climate Forecast Service and Programs .............................................................. 204 United Nations Framework Convention on Climate Change (UNFCCC) ................. 131 United Nations Framework Convention on Climate Change (UNFCCC) – Kyoto Protocol .............................................................................................................. 134 United Nations Convention to Combat Desertification ........................................... 143 Compendium of International Environmental Agreements – 2008 XIX ENVIRONMENTAL COOPERATION Agreement between the Government of Canada and the Government of the Federal Republic of Germany on Scientific and Technical Cooperation .............................. 226 Agreement between the Government of Canada and the Government of Japan on Cooperation in Science and Technology .............................................................. 230 Agreement between the Government of Canada and the Government of the Russian Federation concerning Environmental Cooperation ............................................... 231 Agreement for Scientific and Technological Cooperation between the Government of Canada and the Government of the Republic of India ........................................... 235 Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Costa Rica ..................................................... 240 Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile .............................................................. 237 Agreement on Environmental Cooperation between the Government of Canada and the United Mexican States ................................................................................... 243 Canada–China Framework Statement for Cooperation on Environment into the 21st Century .............................................................................................................. 245 Canada–South Africa Joint Declaration of Intent on Strengthened Bilateral Cooperation ........................................................................................................ 247 Canada–United States Joint Marine Pollution Contingency Plan ............................ 185 Canada–US Bilateral Agreement on Shellfish Sanitation ....................................... 181 Convention for the Protection of Migratory Birds in the United States and Canada . 188 Convention of the World Meteorological Organization ............................................. 32 Convention on the Transboundary Effects of Industrial Accidents ............................ 29 Compendium of International Environmental Agreements – 2008 XX Cooperative Arrangement between the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) of Australia and the Minister of Environment Canada (EC) and the Minister of Health Canada (HC), on the Subject of Sharing Information on New Industrial Chemicals ............................................................................... 249 Environment Canada – U.S. Environmental Protection Agency Joint Statement of Cooperation on the Georgia Basin and Puget Sound Ecosystem ........................... 192 Exchange of Letters between Canada and the European Commission on Environmental Cooperation.................................................................................. 256 International Convention on Oil Pollution Preparedness, Response, and Cooperation (OPRC) ............................................................................................................... 50 Letter of Agreement between the United States Coast Guard International Ice Patrol and Environment Canada’s Canadian Ice Service ................................................. 198 Memorandum of Understanding between Canada and Brazil on Cooperation in the Area of Climate Change Initiatives including the Clean Development Mechanisms . 258 Memorandum of Understanding Between the Environmental Protection Agency of the United States of America and the Department of the Environment of Canada Concerning Cooperation in Research, Development and Demonstrations in Science and Technology Related to Environmental Protection............................................ 201 Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Environment of the Republic of Korea ............................................................................................... 268 Memorandum of Understanding between the Government of Canada and the Government of the Federative Republic of Brazil on Environmental and Sustainable Development Consultations and Cooperation ....................................................... 262 Compendium of International Environmental Agreements – 2008 XXI Memorandum of Understanding between the Minister of Environment of Canada and the Federal Minister for the Environment, Nature Conservation and Nuclear Safety of the Federal Republic of Germany on Environmental Cooperation .......................... 264 Memorandum of Understanding between the United States Coast Guard and the Department of the Environment of Canada Concerning Research and Development Cooperation in Spill Response Technology........................................................... 203 Memorandum of Understanding between the US Department of Commerce’s National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in Environmental Data Acquisition and Utilization .......................................................................................................................... 207 Memorandum of Understanding between the US Department of Commerce's National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in the Field of Meteorology, Hydrology, and Climate Forecast Service and Programs .............................................................. 204 Memorandum of Understanding for Scientific and Technical Cooperation in the Field of the Environment between Environment Canada and the French Ministry Attached to the Prime Minister Responsible for the Environment and the Prevention of Major Technological and Natural Risks .......................................................................... 270 Memorandum of Understanding on Environmental Collaboration between the Department of the Environment of Canada and the Planning, Environment and Lands Bureau of the Hong Kong Special Administrative Region of the People’s Republic of China ................................................................................................................. 277 Memorandum of Understanding on Environmental Cooperation between the Department of Environment of Canada and the State Environmental Protection Administration of China ....................................................................................... 275 Compendium of International Environmental Agreements – 2008 XXII Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Science, technology and Environment of the Kingdom of Thailand ....................................................... 273 Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Environment of the Republic of Korea ............................................................................................... 268 North American Agreement on Environmental Cooperation ..................................... 60 Security and Prosperity Partnership (SPP) of North American ................................ 98 UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) ............................................................................... 125 United Nations Framework Convention on Climate Change (UNFCCC) ................. 131 FRESHWATER Agreement between the Canada and the United States for Water Supply and Flood Control in the Souris River Basin ......................................................................... 170 Environment Canada – U.S. Environmental Protection Agency Joint Statement of Cooperation on the Georgia Basin and Puget Sound Ecosystem ........................... 192 Great Lakes Water Quality Agreement (GLWQA) ................................................. 195 Treaty between Canada and the United States of America Concerning the Diversion of the Niagara River ................................................................................................ 219 Treaty between Canada and the United States of America relating to the Skagit River and Ross Lake, and the Seven Mile Reservoir on the Pend d'Oreille River ............ 216 Treaty between Canada and the United States of America Relating to Cooperative Development of the Water Resources of the Columbia River Basin (Columbia River Treaty) ............................................................................................................... 213 Compendium of International Environmental Agreements – 2008 XXIII Treaty Relating to the Boundary Waters and Questions Arising Along the Border between the United States and Canada ............................................................... 221 HAZARDOUS WASTES Agreement between the Government of Canada and the Government of the United States concerning the Transboundary Movement of Hazardous Waste .................. 163 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (Basel Convention) .................................................................... 8 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC72) ...................................................................................................... 26 OECD Decision Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations ......................................................................... 65 MARINE/ OCEANS Canada–United-States Joint Inland Pollution Contingency Plan ............................. 178 Canada–US Bilateral Agreement on Shellfish Sanitation ....................................... 181 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC72) ...................................................................................................... 26 International Convention for the Control and Management of Ships’ Ballast Waster and Sediments ............................................................................................................ 43 International Convention for the Prevention of Pollution from Ships (MARPOL) ....... 45 International Convention on Civil Liability for Oil Pollution Damage (CLC) ............... 47 International Convention on Oil Pollution Preparedness, Response, and Cooperation (OPRC) ............................................................................................................... 50 Compendium of International Environmental Agreements – 2008 XXIV International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS) .................................................................................................................. 53 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) .................................................... 55 Letter of Agreement between the United States Coast Guard International Ice Patrol and Environment Canada’s Canadian Ice Service ................................................. 198 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter ...................................................................................... 92 United Nations Convention on the Law of the Sea (UNCLOS) .............................. 138 METEOROLOGY Agreement between Canada and the United States of America Relating to the Exchange of Information on Weather Modification Activities .................................. 174 Agreement to Provide for Joint Canada–US Collaboration in Use of the Meteorological Service of Canada Airborne Imaging Microwave Radiometer (AIMR) .................... 176 Convention of the World Meteorological Organization ............................................. 32 Memorandum of Understanding between China Meteorological Administration (CMA), People’s Republic of China, and Meteorological Service of Canada (MSC), Environment Canada, Canada on Cooperation in Science and Technology Related to Meteorology, Hydrology, Environmental Predictions and Climate Change .............. 260 Memorandum of Understanding between the US Department of Commerce's National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in the Field of Meteorology, Hydrology, and Climate Forecast Service and Programs .............................................................. 204 Compendium of International Environmental Agreements – 2008 XXV Memorandum of Understanding between the US Department of Commerce’s National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in Environmental Data Acquisition and Utilization .......................................................................................................................... 207 North America Ensemble Forecast System Joint US National Weather Service– Meteorological Service of Canada Ensemble Forecasting Research, Development, and Implementation Plan ..................................................................................... 209 Compendium of International Environmental Agreements – 2008 XXVI INTERNATIONAL AGREEMENTS Compendium of International Environmental Agreements – 2008 1 Agreement on International Humane Trapping Standards (AIHTS) Status Signed December 15, 1997 Ratified May 31, 1999 Provisionally in force in Canada since June 1, 1999 Lead Department Foreign Affairs and International Trade Canada Subject Category Biodiversity Summary The agreement requires that traps meet specific performance thresholds related to animal welfare and that such traps are to be approved and regulated by the competent provincial/territorial government authorities responsible for furbearer management. Commitments Canada is required to: - meet annually with the European Union (EU) in the Joint Management Committee established under the agreement - prohibit the use of conventional steel-jawed leghold restraining traps for the 12 Canadian species listed, effective in the 2001 trapping season - conduct additional research on trap improvement against an agreed set of standards - establish a system of certificate of origin for fur and fur products of Canadian origin destined for the European market - establish an appropriate process for certifying traps in accordance with the standards Compendium of International Environmental Agreements – 2008 2 - ensure that trappers are trained in the humane, safe, and effective use of trapping methods for existing and newly developed traps Action Required Environment Canada's responsibility is to monitor and manage the transfer funds to the Fur Institute of Canada for research into the improvements of trapping systems. Activities Environment Canada has a contribution agreement with the Fur Institute of Canada to do the research. The provinces, territories, and some Aboriginal groups that have finalized land claims are the competent authorities under the agreement and as such are responsible for implementing the agreement. Evidence of Compliance − Canada has provided annual reports to the EU to ensure compliance. − A permit system administered by the provinces and territories is in place. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-0289 Facsimile: (819) 994-4445 Department of Foreign Affairs and International Affairs Telephone: (613) 995-6115 Facsimile: (613) 944-0034 Web Site Compendium of International Environmental Agreements – 2008 3 http://www.fur.ca/index-e/index.asp Compendium of International Environmental Agreements – 2008 4 Agreement on the Conservation of Polar Bears and Their Habitat Status Signed November 15, 1973, in Oslo, Norway Ratified December 14, 1974 In force in Canada May 26, 1976 In force internationally May 26, 1976 Indefinite continuation agreed to by all parties at consultative meeting January 1981 held in Oslo, Norway Lead Department Environment Canada Subject Category Biodiversity/Ecosystems Summary This agreement is intended to protect the polar bear as a significant resource of the Arctic region through conservation and management measures, including prohibitions against the taking of polar bears, trade in polar bears or polar bear parts, and ecosystem protection measures. There are exemptions from the prohibitions in the agreement, including continued harvest by local people using traditional means, scientific research, or conservation purposes. All five Arctic nations with jurisdiction over areas where polar bears are distributed (Canada, Denmark, Norway, the United States, and the former USSR) are signatories to the agreement. Commitments Compendium of International Environmental Agreements – 2008 5 Canada agreed to protect polar bears and their habitat; enact and enforce such legislation as needed to give effect to the agreement; manage polar bears according to "sound conservation practices," and conduct national research programs on polar bears. Action Required Environment Canada is the lead. Although the agreement was signed by the federal government on behalf of all the jurisdictions, the responsibility for the management of polar bears in Canada lies with the provinces and territories. Activities The Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) is the primary vehicle for federal government management of polar bears. International coordination of polar bear research and management, plus adherence to the spirit of the agreement, is through membership by Environment Canada scientists in the World Conservation Union/Species Survival Commission (IUCN/SSC) Polar Bear Specialist Group. Polar bear research and management are coordinated through two national committees: the Polar Bear Technical Committee and the Polar Bear Administrative Committee. These committees are made up of scientists and administrators, respectively, who meet annually to evaluate ongoing research and management and to plan and implement new activities in response to perceived needs. Scientists from Environment Canada play a key role in leading and coordinating these two committees and in conducting research on polar bears throughout their range in Canada. Evidence of Compliance Canada's reports under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA), Canada's National Report to the CITES secretariat, and Canada's reports on management and research to periodic meetings of the IUCN/SSC Polar Bear Specialist Group. Contacts Compendium of International Environmental Agreements – 2008 6 Prairie and Northern Region, Canadian Wildlife Service, Environment Canada Telephone: (780) 435-7349 Facsimile: (780) 435-7359 Web Sites http://www.wcmc.org.uk/CITES/eng/index.shtml http://www.pbsg.npolar.no Compendium of International Environmental Agreements – 2008 7 Basel Convention on the Control of Transboundary Movement of Hazardous Wastes and Their Disposal (Basel Convention) Status Signed March 22, 1989 Ratified by Canada August 28, 1992 Entered into force internationally May 5, 1992 Entered into force in Canada November 26, 1992 Lead Department Environment Canada, assisted by Health Canada, Industry Canada, Natural Resources Canada, Canada Border Services Agency, Transport Canada, and Foreign Affairs and International Trade Canada. Subject Category Hazardous Wastes Summary The overall goal of the Basel Convention is to protect human health and the environment against the adverse effects resulting from the generation, transboundary movements, and management of hazardous wastes. The convention seeks to minimize the generation of hazardous waste, including hazardous recyclable materials, to ensure they are disposed of in an environmentally sound manner and as close to the source as possible, and to minimize the international movement of hazardous waste and hazardous recyclable materials. Commitments Compendium of International Environmental Agreements – 2008 8 Classification and tracking: The convention establishes a core list of hazardous wastes to be controlled when they exhibit one or more of the hazard characteristics set out in Annex III of the convention and allows the parties to control wastes beyond those in the core list. In 1998, two new waste annexes were adopted (Annexes VIII and IX, the hazardous waste and nonhazardous waste lists, respectively). The convention also requires parties to - establish conditions and a licensing system for the transboundary movement and disposal (disposal includes recycling) of hazardous wastes - require that a movement document accompany any hazardous wastes subject to transboundary movement from the point of generation to the point of management - establish national requirements for packaging, labelling, and transporting, in accordance with recognized international rules and standards Prohibition of transboundary movement of hazardous wastes: Parties may not carry out or authorize transboundary movements of hazardous wastes - to states that are not parties to the Convention unless they have a bilateral agreement under Article 11 - to Antarctica - if the prospective state of destination has prohibited such imports - if appropriate disposal or recycling facilities are available in the state of origin unless the waste is needed as a raw material for recycling or recovery industries in the state of import - if there is reason to believe that environmentally sound management/disposal options are not available in the prospective state of destination. Note that in September 1995, Parties adopted an amendment (the so-called Ban Amendment) to prohibit immediately exports of hazardous wastes destined for final disposal from Annex VII countries to non-Annex VII countries and to phase out by December 31, 1997, and to prohibit as of that date, exports of hazardous recyclables from Annex VII to non-Annex VII countries. Currently, Annex VII consists of members of the European Union, the Compendium of International Environmental Agreements – 2008 9 Organisation for Economic Cooperation and Development (OECD), and Liechtenstein. The Ban Amendment does not currently have sufficient ratifications to come into force. Canada has not ratified the amendment. Illegal traffic and duty to re-import: In the case of illegal traffic, the state of export is responsible to ensure the wastes are managed properly and re-imported, if necessary, if alternative arrangements cannot be made. If a transaction takes place in accordance with the Convention and management cannot be carried out as foreseen, the exporting state must find a suitable alternate arrangement or, if this is not possible, ensure re-importation. Prior informed consent: Where transboundary movement of hazardous wastes and hazardous recyclable materials is not prohibited in principle, Parties may only authorize movement after the states of import and transit have given written consent to the state of export, based on detailed information provided to them by that state. General obligations: - reduce the generation of hazardous wastes and hazardous recyclable materials, and keep their transboundary movement to a minimum - ensure environmentally sound management of hazardous wastes and hazardous recyclable materials (a set of technical guidelines have been and are being developed that will recommend the means to accomplish this) - cooperate in promoting new low-waste technologies with a view to eliminating, as far as practicable, the generation of hazardous wastes - promote technical cooperation and exchange of information with other Parties and interested organizations - ensure that disposal and recycling of imported hazardous waste occurs only at authorized facilities. - Parties must provide information if any changes to their national definition of hazardous wastes. Compendium of International Environmental Agreements – 2008 10 Reporting: Parties must annually provide information to the secretariat on domestic legislation and policies and on hazardous wastes/hazardous recyclable materials import/export activity. Action Required Compliance with the Convention requires the following: - legislation and regulations to implement the classification, import/export controls, and tracking requirements, and environmentally sound management - legislation and policy to implement the general obligations with regard to waste minimization - administrative procedures to administer and enforce the import/export regime - support for technical cooperation initiatives - regular reporting The Canadian Environmental Protection Act 1999 (CEPA 1999) allows Canada to - fully implement its Basel obligations concerning the transboundary movement of hazardous wastes, including hazardous recyclable materials - prohibit exports or imports of hazardous wastes and hazardous recyclable materials when required under international agreements or when the wastes will not be managed in an environmentally sound manner - control the transboundary movements of prescribed non-hazardous wastes destined for final disposal - require exporters of hazardous wastes and prescribed non-hazardous wastes destined for final disposal to submit export reduction plans when requested by the minister Compendium of International Environmental Agreements – 2008 11 - list conditions for the environmentally sound management of hazardous waste and hazardous recyclable materials that will be considered by the minister when refusing to issue a permit to import, export, or transit. Activities CEPA 1999 and the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR 2005) provide the legal authority to implement the specific obligations (along with federal and provincial transportation of dangerous goods legislation), which implement various forms of the prescribed classification scheme. The EIHWHRMR 2005 revoked and replaced the Export and Import of Hazardous Waste Regulations of 1992. Environment Canada's Waste Reduction and Management Division administers the CEPA 1999 waste provisions and regulations and coordinates the reporting requirements and various technical and policy cooperation initiatives. The Waste Reduction and Management Division is the competent authority and the national focal point for Canada with respect to the Basel Convention.. Enforcement is performed by headquarters and regional enforcement officials in collaboration with Canada Border Services Agency, the Royal Canadian Mounted Police, the provinces, and foreign officials. The main issues that continue to require attention are the following: - the status of the 1995 amendment banning exports to non-Annex VII countries - international agreement on what constitutes "environmentally sound management" - work on dismantling of ships - monitoring of illegal traffic and enforcement of the CEPA 1999 provisions with respect to transboundary shipments of hazardous wastes and hazardous recyclable materials - development of technical guides on persistent organic pollutants (POPs). These were considered and welcomed by the Stockholm Convention on POPs Compendium of International Environmental Agreements – 2008 12 - decision whether to accede to the protocol on liability and compensation - harmonization of the Organisation for Economic Cooperation and Development (OECD) and Basel waste lists. Evidence of Compliance The Waste Reduction and Management Division provides evidence of compliance by communicating its control instruments, such as the EIHWHRM Regulations to the Basel secretariat and through its regular reports as required under the Convention. The Waste Reduction and Management Division has also sponsored various impact studies and client satisfaction studies. In addition, the regime has been the subject of reviews, including the 1997 Auditor General Report. Contact Waste Reduction and Management Division, Environment Canada Telephone: (819) 997-3377 E-mail: tmb@ec.gc.ca Web Sites Waste Management Division of Environment Canada: http://www.ec.gc.ca/wmd-dgd Information on the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations can be found at: http://www.ec.gc.ca/wmddgd/default.asp?lang=En&n=C55741FD-1#one Basel Convention and secretariat: http://www.basel.int Copies of the Convention can be found at http://www.basel.int/text/documents.html Compendium of International Environmental Agreements – 2008 13 Cartagena Protocol on Biosafety Status Signed April 19, 2001 Not ratified Lead Department Environment Canada Subject Category Biodiversity Summary The Cartagena Protocol on Biosafety is an international treaty under the United Nations Convention on Biological Diversity. The objective of the protocol is to contribute to ensuring an adequate level of protection in the field of the safe transfer, handling, and use of living modified organisms resulting from modern biotechnology that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account the risks to human health, specifically focusing on transboundary movements. The primary focus of the protocol is ensuring that a party has the opportunity to make an informed decision regarding the potential impact that a living modified organism (LMO) could have on its biodiversity, prior to deciding whether to allow that LMO to be imported. The core mechanism for this is the provision that a party can utilize a risk assessment process prior to making a decision on whether to permit the import of an LMO for the first time. The protocol provides for a party to refuse to allow the import of an LMO if the risk it poses to the party’s biodiversity is considered too great. Commitments Compendium of International Environmental Agreements – 2008 14 The protocol entered into force internationally on September 11, 2003. As a signatory, Canada is required not to act in a manner that is inconsistent with the objective of the protocol. If Canada were to ratify the protocol, it would be required to enact domestic legislation to give effect to the provisions of the protocol. The main requirements of the protocol are related to ensuring that LMO exporters, under the jurisdiction of parties, provide the information required for a potential importing country to make an informed decision on whether to allow the import of an LMO. The protocol also requires that LMOs being shipped internationally must be accompanied by specific documentation. The protocol also mandates the creation of an information exchange mechanism known as the Biosafety Clearing-House to which parties are required to post particular information. Action Required Environment Canada co-leads this issue with Foreign Affairs and International Trade Canada, although action by all jurisdictions and other government departments is required. Environment Canada facilitates the development of Canadian negotiating positions for international meetings and consultations with national stakeholders. Canada has been an active participant in the work of the Meeting of Parties. Environment Canada also hosts the National Focal Point for the Protocol within its office of biosafety. Canada has contributed to international workshops to examine the capacity development needs of developing countries and countries with economies in transition. Canada is not a party to the protocol and is therefore not bound by its requirements; however, as a signatory, Canada does not act in a manner that is inconsistent or contrary to the objective of the protocol. Contact Environmental Stewardship Branch, Environment Canada Telephone: (819) 997-3181 Facsimile: (819) 953-7682 Compendium of International Environmental Agreements – 2008 15 Web Sites http://www.biodiv.org/biosafety/ Compendium of International Environmental Agreements – 2008 16 Convention on Biological Diversity Status Signed June 11, 1992 Ratified December 4, 1992 In force internationally and for Canada December 29, 1993 Lead Department Environment Canada Subject Category Biodiversity Summary The convention‘s three objectives are the conservation of biological diversity; the sustainable use of its components; and the fair and equitable sharing of the benefits arising out of the utilization of genetic resources, including by appropriate access to those resources, transfer of relevant technologies, and appropriate funding. The third objective is currently the subject of intensive international negotiations, and supporting policies and processes have not been finalized. The first and second objectives have received in-depth consideration by the Conference of the Parties (CoP) at eight meetings, and the focus has shifted from policy development to implementation. Commitments Canada must report to the CoP on national implementation of the convention. Following an analysis of first national reports submitted in 1998, the CoP, at its fifth meeting, endorsed a format for future national reporting through which the status of national implementation, including the level of implementation, relative priorities, constraints encountered, and issues not yet addressed, can be measured. Parties submitted their second national reports for Compendium of International Environmental Agreements – 2008 17 consideration at the sixth meeting of the CoP (April 2002), and their third national reports for the eighth meeting of the CoP (March 2006) At CoP 8, parties also agreed that the deadline for the fourth national report will be March 2009. This report will have particular significance. It will include an overview of national status and trends of biodiversity and the main threats to biodiversity, assess the implementation of national biodiversity strategies, and review progress towards the 2010 target “to achieve … a significant reduction of the current rate of biodiversity loss at the global, regional and national level as a contribution to poverty alleviation and to the benefit of all life on earth.” At CoP 2, in Jakarta, Indonesia, in 1995, parties decided to accept the offer of the Government of Canada to host the secretariat of the convention in Montreal. Included in this offer was a direct financial contribution from the City of Montreal of US$100,000 for furniture and other office equipment, a financial contribution of US$200,000 per year for five years from the Government of Quebec, and a financial contribution of US$800,000 per year for the first five years from the Government of Canada. At CoP 6, in April 2002, Canada renewed its financial commitment to provide US$1 million a year as host country to the secretariat in Montreal ($800,000 from the federal government and $200,000 from Quebec) through to 2005. This agreement was subsequently renewed for an additional five-year period through to 2010. Action Required Environment Canada is the lead, although action by all jurisdictions and other government departments is required. Environment Canada must facilitate the following: federal and national reporting the development of a national strategy the development of Canadian negotiating positions for meetings of the parties (CoPs), the Subsidiary Body on Scientific, Technical, and Technological Advice (SBSTTA), the Cartagena Protocol on Biosafety (although Canada has not ratified this protocol), and the convention's four ad hoc open-ended working groups: Article 8(j): Traditional Compendium of International Environmental Agreements – 2008 18 Knowledge, Innovations and Practices; Access and Benefit-Sharing; Review of Implementation of the Convention; and Protected Areas. Activities Environment Canada led the development of the Canadian Biodiversity Strategy. It reflects the measures set out in the convention relevant to Canada. In April 1996, ministers from federal, provincial, and territorial governments signed a commitment to use this strategy “as a guide to our actions.” The strategy recognizes that “an ecological approach to resource management is central to conserving biodiversity and using our biological resources in a sustainable manner,” and that this will require “Cooperation and a sharing of knowledge, costs, and benefits.” It provides a national planning framework for the integration of biodiversity conservation and the sustainable use of biological resources into sectoral and cross-sectoral, land, water, and resource-use decisions. As a means to further enhance implementation of the Canadian Biodiversity Strategy, the ministers of wildlife, forestry, and fisheries met jointly in 2001 and agreed on four national biodiversity priorities that require collaborative action across sectors and jurisdictions: - addressing the threat of invasive alien species - engaging and enabling Canadians through stewardship - developing a biodiversity science agenda for Canada, including a biological information component - enhancing the capacity to report on biodiversity status and trends, including integrated monitoring Canada’s Stewardship Agenda and the National Invasive Alien Species Strategy are two products of that collaboration. Work continues in the areas of biodiversity science and information and on monitoring and reporting on biodiversity status and trends. Compendium of International Environmental Agreements – 2008 19 In June 2005, deputy ministers of wildlife, forestry and fisheries discussed options with respect to developing a biodiversity outcomes framework as a companion implementation and reporting framework to the Canadian Biodiversity Strategy. They agreed that a Biodiversity Outcomes Framework is needed to support the Canadian Biodiversity Strategy and to enable reporting against international agreements, in particular, the convention and its 2010 target. This framework was considered for endorsement by ministers in October 2006. Other relevant activities have included the following: - reports on federal implementation of the strategy (Biodiversity in the Forest, Biodiversity in Agriculture, Protected Areas, Learning About Biodiversity, 1997–1998; Conserving Wildlife Diversity: Implementing the Canadian Biodiversity Strategy, Spring 1998) - provincial and private sector implementation of the strategy (Quebec, Ontario, Saskatchewan, and the Northwest Territories have developed their own strategies and/or action plans, and the private sector and conservation groups have adopted the direction of the strategy, as is evidenced in their plans, programs, and strategies.) - Canada’s three national reports to the Conference of the Parties (CoP) - Canada’s negotiating positions for 8 CoPs, 11 SBSTTA meetings, 4 meetings of the Ad Hoc Working Group on Article 8 (j), 4 meetings of the Ad Hoc Working Group on Access and Benefit-Sharing, etc. - Canada’s national node for the convention’s Clearing-House Mechanism — the Canadian Biodiversity Information Network (CBIN) - enhanced federal cooperation in the areas of biosystematics and biological information management through a memorandum of understanding among Agriculture and AgriFood Canada, Natural Resources Canada/Canadian Forest Service, Environment Canada, Parks Canada Agency, the Canadian Museum of Nature, the Public Health Agency of Canada, and the Canadian Food Inspection Agency - a variety of national consultative mechanisms on traditional knowledge, innovations, and practices, including ongoing relationships with national Aboriginal organizations Compendium of International Environmental Agreements – 2008 20 - incorporation of biodiversity into sectoral policies and programs (e.g., agriculture, fisheries, forestry, and tourism) - education, training, and awareness materials produced in cooperation with partners - capacity-building initiatives, such as the Equator Initiative, that enhance the participation of developing countries Evidence of Compliance See Commitments and Activities sections, above. Contact Multilateral an Bilateral Affairs Directorate, Environment Canada Telephone: (819) 994-0989 Facsimile: (819) 994-6227 Web Sites http://www.biodiv.org/ http://www.cbin.ec.gc.ca/index.cfm?lang=e Compendium of International Environmental Agreements – 2008 21 Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) Status Signed July 2, 1974 Ratified April 10, 1975 Entered into force internationally July 1, 1975 Came into effect in Canada July 9, 1975 Lead Department Environment Canada Subject Category Biodiversity Summary The convention seeks to control the trade in species of wild animals and plants that are, or may be, threatened with extinction as a result of international trade. For purposes of the convention, international “trade” includes the international movement of plant and animal species. The convention applies to both live and dead specimens, as well as their parts and derivatives. Currently, the convention lists over 30,000 different animal and plant species. The convention uses an import/export permitting system to regulate trade. Permit requirements differ depending on which of three different CITES appendices a species is listed in. - Appendix-I includes species that are now threatened with extinction and may not be traded for primarily commercial purposes. Trade for scientific, captive breeding, and other limited uses is permitted under strict conditions. Compendium of International Environmental Agreements – 2008 22 - Appendix-II includes species that are not currently threatened, but may become so if their trade is not monitored. Trade is permitted as long as specimens are accompanied with appropriate CITES documentation. - Appendix-III contains species that are under special management regimes in individual countries and require the cooperation of other countries in the control of trade. For example, Canada has listed the walrus (Odobenus rosmarus) in AppendixIII. Changes to appendix listings are made at the Conference of the Parties (CoP), which are held every two to three years. Parties also adopt resolutions at each CoP that provide clarification and guidance on the provisions of the convention and its implementation. Commitments Under the convention, Canada must - implement an international system of import and export permits for CITES-listed species - designate scientific and management authorities - take measures to enforce the convention - prepare annual reports with details on trade records and biennial reports on legislative, regulatory, and administrative actions taken to implement the convention Action Required Environment Canada leads the implementation of CITES in Canada and is required to - provide a scientific and management authority to administer and oversee the import and export of CITES-listed species - issue CITES import/export permits, including the provision of guidance to Fisheries and Oceans Canada (which issues permits for fish and marine species) and the provinces/territories that issue CITES export permits for provincially/territorially managed species Compendium of International Environmental Agreements – 2008 23 - coordinate enforcement of the convention in Canada through a network of national and international partners (e.g., Royal Canadian Mounted Police, Canada Border Services Agency [CBSA], Interpol, etc.) - submit annual and biennial reports to the CITES secretariat and report on Canadian activities as required - lead Canadian delegations to the CoPs and other subsidiary committee meetings Activities Environment Canada administers and enforces the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) and Wild Animal and Plant Trade Regulations, both of which came into force in 1996 and are the domestic legislation for implementing CITES in Canada. The sixth annual report for WAPPRIITA for the year 2001 was tabled by the Minister of the Environment in Parliament on February 3, 2004. Customs memorandum D19-7-1, CITES, outlines the procedures CBSA has in place to assist Environment Canada with the enforcement of CITES with respect to the importation and exportation of CITES-listed species. Environment Canada coordinates joint enforcement operations with provinces, other countries, and international wildlife enforcement agencies. Environment Canada represents wildlife enforcement at Interpol and the World Customs Organization. Memoranda of understanding have been signed with some provinces and territories for cooperation on the administration and enforcement of WAPPRIITA. Evidence of Compliance Reports to Parliament under WAPPRIITA and Canada’s national reports to the CITES secretariat. Contact International Wildlife Trade Division, Canadian Wildlife Service, Environment Canada Telephone: 1 800 668-6767 (toll-free number), (819) 997-1840 (National Capital Region) Facsimile: (819) 953-6283 Compendium of International Environmental Agreements – 2008 24 Web Sites http://www.cites.ec.gc.ca/eng/sct0/index_e.cfm http://www.cites.org Compendium of International Environmental Agreements – 2008 25 Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter (LC72) Status Signed December 29, 1972 Entered into force internationally August 30, 1975 Ratified November 13, 1975 In force for Canada December 13, 1975 Amendment concerning the settlement of disputes signed October 12, 1978; not yet in force because of insufficient number of signatories. Amendments concerning incineration at sea accepted and came in force March 11, 1979 Amendment to Annexes I and II to the convention accepted and came into force for Canada November 3, 1981 Amendment to Annex III to the convention signed November 3, 1989; in force for Canada May 19, 1990 Amendments concerning radioactive wastes accepted February 16, 1994; in force for Canada February 20, 1994 (In force for all parties as of 2005) Amendments concerning phasing out sea disposal of industrial waste accepted and came in force February 16, 1994 Amendment concerning incineration at sea accepted February 16, 1994; in force for Canada February 20, 1994 Compendium of International Environmental Agreements – 2008 26 Lead Department: Environment Canada, supported by Fisheries and Oceans Canada (DFO), Foreign Affairs and International Trade Canada (DFAIT), Natural Resources Canada (NRCan), and Transport Canada (TC). Subject Category Wastes/Marine/Oceans Summary The convention prohibits the disposal at sea of wastes and other matter except under a permit issued by a contracting party, depending on the nature of the wastes and other matter as described in Annexes I and II. Annex III sets out factors to be considered in establishing domestic permit systems. Commitments Parties must (except in emergency situations) prohibit dumping of Annex I wastes require a special permit for dumping of wastes or other matter listed in Annex II require prior general permit for dumping of all other wastes or matter keep records, monitor, and report on actions under the convention support on a voluntary basis technical assistance to other parties promote the development of international measures to protect the marine environment from various types of pollution. Action Required Environment Canada's main obligations are to develop the legal and administrative regime to implement and report on the convention. The treaty is fully implemented in Canada. Activities Compendium of International Environmental Agreements – 2008 27 The Canadian Environmental Protection Act (CEPA), Part 7, Division 3, and schedules 5 and 6 create the legal framework for full implementation of the convention. The Environmental Stewardship Branch and enforcement offices implement and enforce the CEPA permit system provide technical assistance to parties, and technical and policy input to the convention secretariat. Evidence of Compliance The CEPA annual report and the annual report to the convention secretariat. Contact Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-4341 Facsimile: (819) 953-0913 Web Sites http://www.londonconvention.org http://www.imo.org/ Compendium of International Environmental Agreements – 2008 28 Convention on the Transboundary Effects of Industrial Accidents Status Adopted March 17, 1992 Entered into force April 19, 2000 Lead Department Environment Canada Subject Category Chemicals/Cooperation Summary The convention aims to strengthen international cooperation on the prevention of, preparedness for, and response to industrial accidents with the potential for transboundary effects in order to improve overall emergency preparedness in the United Nations Economic Commission for Europe (UNECE). The Protocol on Civil Liability for Damage and Compensation for Damage Caused by Transboundary Effects of Industrial Accidents on Transboundary Waters, adopted on May 21, 2003, is a joint instrument to the convention. Commitments Support the entry into force and the implementation of the convention, as agreed by the parties and signatories. Action Required The Conference of the Parties met for the first time in November 2000 where they accepted the UNECE Industrial Accident Notification System as an early-warning tool and adopted Compendium of International Environmental Agreements – 2008 29 guidelines to facilitate the identification of hazardous activities that are capable of causing transboundary effects. They also approved the terms of reference for cooperation between the UNECE secretariat and the European Commission’s Major Accident Hazards Bureau to collect and analyze information on past industrial accidents During its second meeting in 2002, the Conference of the Parties took a decision on strengthening the implementation of the convention. They also recognized the need to assist some countries with economies in transition in their efforts to apply the convention in practice. To this end, the Conference of the Parties entrusted the Bureau to draw up an internationally supported assistance program. The Conference of the Parties also considered the exchange of safety technologies and of experience on safety management systems to be an important factor in the convention’s implementation. At its third meeting in October 2004, the Conference of the Parties adopted the internationally supported assistance program for the East European, Caucasian and Central Asian and the South-East European countries. It established the Working Group on the Development of the Convention to review its Annex I – the categories of substances and preparations and named substances and their quantities for the purpose of defining hazardous activities. The Conference of the Parties also amended the guidelines to facilitate the identification of hazardous activities for the purpose of the convention and its early warning tool, the UNECE Industrial Accident Notification System. It also established a task force to review the system’s communication procedures. The Conference of the Parties works on the prevention of accidental water pollution in cooperation with the UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes and undertakes biennial joint special sessions for this purpose. Activities Compendium of International Environmental Agreements – 2008 30 Environment Canada follows the activities under the convention and maintains contacts with US Environmental Protection Agency counterparts to ensure that activities that are jointly undertaken by the two countries, at minimum, meet the spirit of the convention. Contact Environmental Emergencies Division, Environment Canada Telephone: (819) 953-0607 Facsimile: (819) 997-5029 Web Site http://www.unece.org/ Compendium of International Environmental Agreements – 2008 31 Convention of the World Meteorological Organization Status Came into force in 1950 Lead Department Environment Canada Subject Category Meteorology Summary The World Meteorological Organization (WMO) is an intergovernmental organization with a membership of 187 member states and territories. It originated from the International Meteorological Organization (IMO), which was founded in 1873. WMO became the specialized agency of the United Nations for meteorology (weather and climate), operational hydrology, and related geophysical sciences in 1951. Its purpose is - to facilitate world-wide cooperation in the establishment of networks of stations for the making of meteorological as well as hydrological and other geophysical observations related to meteorology, and to promote the establishment and maintenance of centres charged with the provision of meteorological and related services - to promote the establishment and maintenance of systems for the rapid exchange of meteorological and related information - to promote the standardization of meteorological and related observations and to ensure the uniform publication of observations and statistics - to further the application of meteorology to aviation, shipping, water problems, agriculture, and other human activities Compendium of International Environmental Agreements – 2008 32 - to promote activities in operational hydrology and to further close cooperation between meteorological and hydrological services - to encourage research and training in meteorology and, as appropriate, in related fields and to assist in coordinating the international aspects of such research and training WMO achieves its objectives through its major programs: - Applications of Meteorology Programme (AMP) - Atmospheric Research and Environment Programme (AREP) - Education and Training (ETR) - Hydrology and Water Resources (HWR) - Regional Programme (RP) - Technical Cooperation (TCO) - World Climate Programme (WCP) - WMO Space Programme (WSP) - World Weather Watch (WWW) Commitments The assistant deputy minister of the Meteorological Service of Canada (MSC) is the permanent representative for Canada and Canada is an active participant in the generation and exchange of information on weather, water, and climate according to internationally agreed standards. In fact, Canada is an integral part of the global communications network and undertakes specific tasks on behalf of WMO. Canada participates in all eight of the technical commissions that deliver the programs of WMO, and the assistant deputy minister of MSC has historically been a member of the executive body of WMO. Action Required Compendium of International Environmental Agreements – 2008 33 In addition to its work in the scientific arena, Canada has been a strong proponent of resultsbased planning and continues to work with WMO with this goal in mind. Canada is working to influence the WMO Congress, which will meet in May 2007 to establish the long-term plan for the organization. Preparations for the congress began in late 2006 and are a significant undertaking for Environment Canada. Activities Technical Commissions, Expert Teams Canada is active on all eight of the technical commissions and on a large number of expert teams. Each of the commissions meets once during the four years between the WMO Congress. Expert teams meet more frequently, although often only by correspondence. Through its involvement in technical commissions and expert teams, Canada - provides a forum to influence the future direction of international meteorology and its applications - leverages international science and technology expertise - helps to build capacity in developing nations, which in turn increases the comprehensiveness of Canada's international data networks - elicits international recognition and support for Canadian expertise and successes (e.g., Alert and the World Ozone and Ultraviolet Data Centre as components of the WMO Global Atmospheric Watch [GAW] Programme) - creates opportunities for side-line meetings and bilateral agreements - maintains Canada at the forefront of knowledge and technology with respect to meteorology worldwide In this year leading to the congress in 2007, Canada will participate in five commission meetings. The level of activity varies by commission. It should be noted that Canada was elected president of the Commission for Atmospheric Research in February 2006 and is Compendium of International Environmental Agreements – 2008 34 running for the presidency of the Commission for Aeronautical Meteorology. (Canada is currently the vice president.) Four commissions were held in the fall of 2006. Activities under these commissions are provided for illustrative purposes. Commission for Agriculture - Environment Canada and Agriculture and Agri-Food Canada participated in expert teams related to “Weather, Climate and Farmers” and “Contribution of Agriculture to the State of Climate.” - The delegation supported the objective of strengthening information and dissemination networks supporting agriculture, including early warning systems and reducing the impact of natural disasters and mitigation of extreme events in agriculture, rangelands, forestry, and fisheries. Commission for Basic Systems - Participated in expert teams related to integrated global observations, information systems and services, data processing and forecast systems, and public weather services. - Canada has some strong niche areas, such as nuclear emergency response activities, and continues to reap huge rewards through linkages to the global activities on ensemble forecasting, satellite systems, metadata, and data processing. Commission for Instruments and Methods of Observation - Participated in expert teams on surface observation technology, upper air observation technology, and capacity building. Compendium of International Environmental Agreements – 2008 35 - The data collected through these observations and shared globally is the foundation of the global weather prediction enterprise. The level of global sharing and cooperation on these activities is unsurpassed in any other area of human endeavour. - Ensure a cost-effective way for Canada to be aware of emerging technologies and observation methods - Influence international standards for observing and associated equipment. Commission for Aeronautical Meteorology - One of the most important sectors from a meteorological perspective is aviation. Canada has a leading role in aspects of aeronautical meteorology worldwide. - Ensured that Carr McLeod, who is currently Vice President of CAeM, was elected president. - Provision of meteorological information required by civil aviation is a core business and often the primary funding source of national weather services around the world. It lends itself to customer consideration, cost recovery, quality and performance management, and training and education activities Evidence of Compliance N/A Canada is a full partner in WMO, which supports the delivery of the weather service in Canada. Web Site http://www.wmo.int Compendium of International Environmental Agreements – 2008 36 Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar) Status Acceded January 15, 1981 Entered into force internationally December 21, 1975 In force for Canada May 15, 1981 Signed June 2, 1983 In force for Canada October 1, 1986 Lead Department Environment Canada Subject Category Biodiversity/Ecosystems Summary Ramsar seeks to ensure the sustainable, wise use of wetland resources, including the designation of wetland sites of international importance, and to ensure that all wetland resources are conserved, now and in the future. Commitments Canada is required to - implement the "wise use" principles of the convention in Canada (including wetland policies, awareness programs, and legislative review) and cooperate with other contracting parties, notably the United States and Mexico - manage a network of protected wetland sites of international importance in cooperation with provinces, territories, and non-governmental organizations Compendium of International Environmental Agreements – 2008 37 - foster cooperation through joint work plans and memoranda of understanding (MOUs) with the Convention on Biological Diversity, the Bonn Convention, the World Wildlife Fund for Nature, Wetlands International, BirdLife International, the World Conservation Union (IUCN), the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), and other international treaties and organizations - contribute financially to the convention Action Required As the lead, Environment Canada must - facilitate policies and principles for the wise use of wetlands in Canada - facilitate management of a network of protected wetland sites - work within the convention to build international cooperation on wetlands conservation - make financial contributions to the convention Activities - Since accession in 1981, Canada has nominated and received designation of 36 sites as Wetlands of International Importance under the convention. - Canada has sent national delegations to each Conference of the Parties (CoP), held every three years. - Canada's dues are fully up to date, paid on an annual basis against a United Nations scale percentage of the annual budget. - Environment Canada has published a national procedures booklet on the process for designating Ramsar sites in Canada agreed to by all the jurisdictional governments; a review of management plans on all Ramsar sites (28 of the 36 sites now have a management plan in place or under development as urged by the convention); a strategic overview and recommendations for expansion/future focus of the national program; and several public information booklets as well as a National Atlas of Canada map focusing on the nature and application of the convention's programs and goals within Canada. Compendium of International Environmental Agreements – 2008 38 - Canada has tabled national reports at each CoP and published those for 1993 (CoP 5) and 1996 (CoP 6),.The CoP 7 and CoP 8 reports were prepared and are available on the Ramsar Convention Web site: (www.ramsar.org under "National Reports"). Canada has worked through the convention and Ramsar partners such as the IUCN and Wetlands International to assist other organizations and governments on a wide variety of wetland and peatland management and conservation policy projects in several countries (including Malaysia, Trinidad and Tobago, Australia, Costa Rica, Uganda, and Mexico). Canada has led drafting of International Guidelines on the Development and Implementation of National Wetland Policies published by the Ramsar Convention in 2000 and Guidelines on Global Action for Peatlands, which was adopted at CoP 8. It is facilitating a proposal for Global Guidelines on Wetland Mitigation to be developed through an IUCN Global Biodiversity Forum in November 2002 for consideration by Ramsar CoP 9. Canada works closely with the United States and Mexico to assist in Mexico’s National Wetland Managers Training Course offered annually. - Canada has worked closely with Mexico and the United States in a continental framework to promote the goals of the Ramsar Convention through the North American Waterfowl Management Plan and the actions of the Trilateral Committee on Wildlife Conservation and Ecosystem Management, including the recent establishment of a Trilateral Working Table on Wetlands. Evidence of Compliance Canada’s national reports Contact Environmental Stewardship Branch, Environment Canada Telephone: (819) 997-1303 Web Sites http://www.ramsar.org Compendium of International Environmental Agreements – 2008 39 http://www.wetlandscanada.ca http://www.terreshumidescanada.ca http://www.wetlands.org Compendium of International Environmental Agreements – 2008 40 Declaration of Intent for the Conservation of North American Birds and their Habitat Status Signed by the governments of Canada, the United States and Mexico in 2005, declaration is reviewed every five years. Lead Department Environment Canada Subject Category Biodiversity Summary This agreement affirms governments support for the North American Bird Conservation Initiative (NABCI) which aims to ensure that populations and habitats of North America's birds are protected, restored and enhanced through coordinated efforts at international, national, regional and local levels guided by sound science and effective management. It is designed to increase the effectiveness of existing and new initiatives through: effective coordination, building on existing regional partnerships, and fostering greater cooperation among the nations and the peoples of the continent. Activities At a continental level, NABCI is establishing conservation projects that link habitats for species with high conservation concern in all three countries. Nationally, NABCI is completing landscape-level conservation plans in a partnership that includes federal, provincial and territorial governments as well as NGOs and industries. Contact Compendium of International Environmental Agreements – 2008 41 NABCI Coordinator Population and Conservation Management Division Canadian Wildlife Service 819-953-3166 Web Site www.nabci.net Compendium of International Environmental Agreements – 2008 42 International Convention for the Control and Management of Ships’ Ballast Waster and Sediments Status Signed in 2004 Not yet in force Canada has not ratified Lead Department Transport Canada Subject Category Oceans/Wastes Summary A diplomatic conference held February 9–13, 2004, adopted the International Convention for the Control and Management of Ships' Ballast Water and Sediments in order to move the overall management of ballast water from ocean exchange to treatment. The convention will require all ships to implement a Ballast Water and Sediments Management Plan. All ships will have to carry a Ballast Water Record Book and will be required to carry out ballast water management procedures to a given standard. Existing ships will be required to do the same, but after a phase-in period. Parties to the convention are given the option to take additional measures that are subject to criteria set out in the convention and to International Maritime Organization (IMO) guidelines. The convention will enter into force 12 months after ratification by 30 states, representing 35 percent of world merchant shipping tonnage. Commitments Compendium of International Environmental Agreements – 2008 43 Canada would need to adopt the treatment and exchange standards set in the convention. The convention provides for more stringent standards, where consistent with international law, which would allow for joint standards for the Great Lakes with the United States. Action Required Environment Canada will advise Transport Canada on the effectiveness of ballast water treatment systems and environmental impacts of ballast water. Activities Environment Canada has carried out research on treatment systems and impacts on aquatic ecosystems. Environment Canada is a member of Canada’s delegation to the IMO committee administering the convention and advises Transport Canada on environmental aspects of technical issues. Evidence of Compliance Surveys of salinity in ballast water tanks by Fisheries and Oceans Canada and Transport Canada show most ships are carrying out mid-ocean exchange (75 percent). Contacts Conservation Priorities, Environment Canada Telephone: (819) 953-9428 Coastal and Marine Compliance, Environment Canada Telephone: (819) 953-6949 Web Site http://www.imo.org/Environment/mainframe.asp?topic_id=548 Compendium of International Environmental Agreements – 2008 44 International Convention for the Prevention of Pollution from Ships (MARPOL) Status In force. Canada signed in 1992 and has ratified key parts, but not all parts. Lead Department Transport Canada Subject Category Oceans Summary The MARPOL Convention is the main international convention covering prevention of pollution of the marine environment by ships from operational or accidental causes. It is a combination of two treaties adopted in 1973 and 1978, respectively, and updated by amendments through the years. The convention includes regulations aimed at preventing and minimizing pollution from ships — both accidental pollution and that from routine operations — and currently includes six technical annexes: - Annex I Regulations for the Prevention of Pollution by Oil - Annex II Regulations for the Control of Pollution by Noxious Liquid Substances in Bulk - Annex III Prevention of Pollution by Harmful Substances Carried by Sea in Packaged Form - Annex IV Prevention of Pollution by Sewage from Ships - Annex V Prevention of Pollution by Garbage from Ships - Annex VI Prevention of Air Pollution from Ships Canada has ratified Annexes I, II, and III and intends to ratify the others once implementing regulations are in place. Compendium of International Environmental Agreements – 2008 45 Commitments Canada would need to adopt the discharge standards set in the convention. Action Required Environment Canada advises Transport Canada on the environmental impacts of ship source pollution and technical amendments to the convention, and aids the enforcement of Canada’s laws that implement oil pollution prevention in accordance with a memorandum of understanding signed by both departments. Activities Environment Canada is a member of Canada’s delegation to the International Maritime Organization committee administering the convention and advises Transport Canada on environmental aspects of technical issues. Evidence of Compliance Transport Canada air surveillance in 2005 of 9,724 ships found 78 spills with 5 attributed directly to ships and the remaining 73 being mystery spills. Contact Coastal and Marine Compliance, Environment Canada Telephone: (819) 953-6949 Facsimile: (819) 953-0913 Web Site http://www.imo.org/Conventions/mainframe.asp?topic_id=255 Compendium of International Environmental Agreements – 2008 46 International Convention on Civil Liability for Oil Pollution Damage (CLC) Status Adopted November 29, 1969, and came into force June 19, 1975 Acceded to the protocol of 1976 on November 9, 1976, and came into force April 8, 1981 Superseded by the protocol of 1992 on November 27, 1992, and came into force May 30, 1996 Acceded to the 2000 amendments on October 18, 2000, and entry info force November 1, 2003 (under tacit acceptance) Lead Department Transport Canada Subject Category Chemicals/Oceans Summary The International Convention on Civil Liability for Oil Pollution Damage (CLC) operates in tandem with the International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage. The CLC prescribes uniform international rules and procedures for determining questions of liability and providing adequate compensation where damage is caused by pollution resulting from the escape or discharge of oil from ships. The 1992 protocol amends both the CLC and the Oil Pollution Fund Agreement. It significantly increases the potential compensation available from the ship owner and expands the scope of both conventions to include environmental remediation, restoration, and reasonable prevention measures. Compendium of International Environmental Agreements – 2008 47 The 2000 amendments raised the compensation limits by 50 percent compared to the limits set in the 1992 protocol. Commitments Support the entry into force and the implementation of the convention, as agreed by the parties and signatories. Action Required Environment Canada maintains an advisory role and can also recover reasonable costs incurred for environmental remediation, restoration, and prevention measures associated with ship source oil spills through the Ship Source Oil Pollution Fund. Activities Transport Canada is the lead. The Ship Source Oil Pollution Fund under the Canada Shipping Act administers these provisions. Environment Canada advises Transport Canada on environmental matters regarding the convention through its participation on an interdepartmental committee for the International Maritime Organization’s legal committee, which addresses issues related to this agreement. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-1140 Facsimile: (819) 997-5029 Transport Canada Telephone: (613) 998-0708 Facsimile: (613) 998-1845 Web Site Compendium of International Environmental Agreements – 2008 48 http://www.imo.org/ Compendium of International Environmental Agreements – 2008 49 International Convention on Oil Pollution Preparedness, Response, and Cooperation (OPRC) Status Adopted November 30, 1990 In force May 13, 1995 The Protocol on Preparedness, Response, and Cooperation to Pollution Incidents by Hazardous and Noxious Substances, 2000 (OPRC-HNS Protocol) was adopted in March 2000 and will enter into force on June 14, 2007. Lead Department Transport Canada Subject Category Oceans/Cooperation Summary Parties to this convention are required to establish measures for dealing with pollution incidents, either nationally or in cooperation with other countries. They are also required to provide assistance to others in the event of a pollution emergency; provision is made for the reimbursement of any assistance provided. Commitments The convention commits Canada to strengthen its legal framework for the prevention of, control of, and capacity to respond to environmental pollution by oil, in general, and marine pollution by oil, in particular, by providing a basis for preparedness and for response capability to deal with incidents of oil pollution in the marine environment. Compendium of International Environmental Agreements – 2008 50 Action Required The Canadian Coast Guard is the lead operational agency. Environment Canada has a significant scientific and technical advisory role. Activities Environment Canada advises the Coast Guard and Transport Canada on environmental matters regarding the convention through its participation on an interdepartmental committee. Environment Canada has an advisory role, providing input to the preparedness component, particularly in the areas of contingency planning and training, and the provision of technical advice regarding environmental priorities related to the response to oil and hazardous and noxious substances (HNS) emergencies. Environment Canada also participates on the International Maritime Organization's legal committee, which addresses issues related to this convention. Environment Canada regional offices chair regional environmental emergency teams that coordinate Canada’s response efforts in the event of an oil spill. These are standing committees and include representatives from various federal departments, as well as provincial and municipal governments. Evidence of Compliance Transport Canada revised the Canada Shipping Act to implement the convention. Contacts Environmental Emergencies, Environment Canada Telephone: (514) 283-1141 Facsimile: (514) 496-1157 Transport Canada Telephone: (613) 990-5913 Compendium of International Environmental Agreements – 2008 51 Web Site http://www.imo.org/ Compendium of International Environmental Agreements – 2008 52 International Convention on the Control of Harmful Anti-fouling Systems on Ships (AFS) Status Signed October 5, 2001 Not yet in force Canada has not ratified. Lead Department Transport Canada Subject Category Oceans Summary The International Convention on the Control of Harmful Anti-fouling Systems on Ships, which was adopted October 5, 2001, will prohibit the use of harmful organotins in anti-fouling paints used on ships and will establish a mechanism to prevent the potential future use of other harmful substances in anti-fouling systems. The convention will enter into force 12 months after 25 states representing 25 percent of the world's merchant shipping tonnage have ratified it. Commitments Canada agreed to ban organotin coatings and Canadian flag ships are to remove or seal any organotin coatings by 2008 and have certificates of compliance. The convention provides a mechanism to assess and control other anti-fouling systems that may be harmful to the marine environment. Action Required Compendium of International Environmental Agreements – 2008 53 Environment Canada will provide advice should other anti-fouling systems be considered for controls. Activities Environment Canada has carried out research on the presence of organotin compounds in marine harbour sediments. Environment Canada is a member of Canada’s delegation to the International Maritime Organization (IMO) committee administering the convention and advises Transport Canada on environmental aspects of technical issues. Evidence of Compliance The Pest Management Regulatory Agency (PMRA) withdrew all licences for tributyl tin paints and other organotin hull paints. Transport Canada is proposing regulations for removal or sealing of organotin coatings from Canadian ships and for certification of compliance with the convention. Contact Coastal and Marine Compliance, Environment Canada: (819) 953-6949 Web Site http://www.imo.org/Environment/mainframe.asp?topic_id=223 Compendium of International Environmental Agreements – 2008 54 International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) Status Adopted December 18, 1971 Entered into force October 16, 1978 Acceded to the protocol of 1976 November 19, 1976 Entered into force November 22, 1994 Acceded to the protocol of 1984 May 25, 1994 Superseded by the protocol of 1992 November 27, 1992 Entered into force May 30, 1996 Acceded to 2000 amendments October 18, 2000 Entered into force November 1, 2003 (under tacit acceptance) Acceded to the protocol of 2003 (supplementary fund) May 16, 2003 Entered into force March 30, 2005 Lead Department Transport Canada Subject Category Oceans Summary The International Convention on the Establishment of an International Fund for Compensation for Oil Pollution Damage (FUND) operates in tandem with the International Convention for Civil Liability for Oil Pollution Damage (CLC). This convention established the International Oil Pollution Compensation Fund to provide supplementary compensation for pollution damage resulting from the escape or discharge of oil from ships. The convention outlines the conditions under which compensation is given to persons suffering pollution damage. Compendium of International Environmental Agreements – 2008 55 Essentially, it provides compensation if there is inadequate money available pursuant to the CLC. The 1992 protocol amends both the CLC and the Oil Pollution Fund Agreement. It significantly increases the potential compensation available from the International Oil Pollution Compensation Fund and expands the scope of both conventions to include environmental remediation, restoration, and reasonable prevention measures. The 2000 amendments raise the maximum amount of compensation payable from the 1992 Oil Pollution Fund. The 2003 protocol establishes an International Oil Pollution Compensation Supplementary Fund. The aim of the established fund is to supplement the compensation available under the 1992 CLC fund with an additional third tier of compensation. This supplementary fund will apply to damage in the territory, including the territorial sea and exclusive economic zone of a contracting state. Commitments Support the entry into force and the implementation of the convention, as agreed by the parties and signatories. Action Required Environment Canada can also recover reasonable costs incurred for environmental remediation, restoration, and prevention measures associated with ship source oil spills through the Ship Source Oil Pollution Fund. Activities Transport Canada is the lead. The Ship Source Oil Pollution Fund under the Canada Shipping Act administers these provisions. Compendium of International Environmental Agreements – 2008 56 Environment Canada advises Transport Canada on environmental matters regarding the convention through its participation on an interdepartmental committee of the International Maritime Organization’s legal committee, which addresses issues related to this agreement. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-1140 Facsimile: (819) 997-5029 Transport Canada Telephone: (613) 998-0708 Facsimile: (613) 998-1845 Web Site http://www.imo.org/ Compendium of International Environmental Agreements – 2008 57 International Treaty on Plant Genetic Resources for Food and Agriculture Status Signed June 10, 2002 Ratified June 10, 2002 Entered into force June 29, 2004 Lead Department Agriculture and Agri-Food Canada Subject Category Biodiversity/Ecosystems Summary The treaty’s main provisions promote the conservation of plant genetic resources for food and agriculture (PGRFA); their sustainable use; facilitated access to PGRFA for research, breeding, and education; benefit-sharing arrangements; a funding strategy; and agreement on terms of access to important collections managed by international agricultural research centres. It sets up a Multilateral System of Access and Benefit-Sharing, which will apply to an initial list of about 40 food crops and about 40 forages. The treaty was negotiated under the auspices of the Food and Agriculture Organization. Commitments Ensure that Canadian plant breeders access PGRFA through the Multilateral System of Access and Benefit-Sharing and that benefits derived from the use of PGRFA are shared in accordance with the provisions of the treaty. Action Required None Compendium of International Environmental Agreements – 2008 58 Activities Protracted negotiations of a standardized Material Transfer Agreement (MTA) were concluded at the first meeting of the Governing Body. Evidence of Compliance The entry into force of the treaty is recent and little information is available to assess the level of efficiency and compliance by parties. Contact Access and Benefit Sharing, Integrated Ecosystem Management, Environment Canada Telephone: (819) 956-9885 Web Site http://www.fao.org/ag/cgrfa/itpgr.htm Compendium of International Environmental Agreements – 2008 59 North American Agreement on Environmental Cooperation Status Signed September 14, 1993 In force internationally January 1, 1994 In force in Canada January 1, 1994 Lead Department Environment Canada Subject Category Environmental cooperation Summary The North American Agreement on Environmental Cooperation (NAAEC), one of two side agreements to the North American Free Trade Agreement (NAFTA) (the other a labour cooperation agreement), was signed by Canada, Mexico, and the United States in 1993 and came into force in January 1, 1994. The NAAEC was developed to support the environmental provisions of the NAFTA by establishing a level playing field with a view to avoiding trade distortions and promoting environmental cooperation. The NAAEC establishes the Commission for Environmental Cooperation (CEC) to oversee implementation of the agreement and monitor the abilities of the parties to meet the obligations. The CEC is a forum for cooperation to achieve a wide range of objectives identified in the NAAEC and discuss environmental issues of a mutual concern. The CEC also has a quasijudicial role in reviewing submissions from the public on enforcement matters and in supporting an arbitral panel process to resolve disputes between the parties on specific trade- Compendium of International Environmental Agreements – 2008 60 related issues associated with failure to effectively enforce environmental laws and regulations. The CEC consists of a council of ministers, a secretariat headed by an executive director, and a joint public advisory committee (JPAC). The council is made up of environment ministers from each of the parties and is the governing body of the CEC. The council oversees and develops recommendations on the implementation and further elaboration of the NAAEC. It is responsible for directing the secretariat, conducting a cooperative work program, and developing recommendations to address key environmental issues and addressing any questions that may arise between the parties regarding the application of the NAAEC. The council is also the focal point for dealing with trade and environment issues arising between the three countries. The council meets at least once a year in regular session; however, it may convene at any time if so requested by a party. The council has appointed alternate representatives to monitor the day-to-day operations of the commission. The secretariat, which is headed by an executive director, is made up of a professional staff of approximately 30, drawn equitably from each of the three countries. It is located in Montréal, Québec. and technical, administrative, and operational support to the council and to any committees and groups established by the council. It is responsible for preparing the annual work program and budget of the CEC and also for preparing reports on matters that fall within the scope of the NAAEC. The secretariat is also responsible for management of the submissions on enforcement matters process. Any person or non-governmental organization may make submissions to the secretariat asserting a party's failure to effectively enforce its environmental laws. Consideration of such submissions may result in a decision by the council to direct the secretariat to develop a factual record. Compendium of International Environmental Agreements – 2008 61 The JPAC is made up of 15 citizens, 5 from each country, representing a broad range of interests. It creates the bridge for public participation in the activities of the CEC through public sessions held in each of the countries. The JPAC also provides advice to the council on any matter within the scope of the NAAEC, including the CEC's annual program and budget. In addition, it may provide relevant technical, scientific, and other information to the secretariat. The JPAC meets during the regular session of council as well as three additional times annually. Commitments The key objectives of the NAAEC are to promote sustainable development, encourage pollution prevention policies and practices, and enhance compliance with environmental laws and regulations. The NAAEC also promotes transparency and public participation in the development and improvement of environmental laws and policies. The NAAEC requires that each party ensure its laws provide for high levels of environmental protection without lowering standards to attract investment. Each party agrees to effectively enforce its environmental laws through using inspectors, monitoring compliance, and pursuing the necessary legal means to seek appropriate remedies for violations. Each party must also provide a report on the state of its environment; develop environmental emergency preparedness measures; promote environmental education, research, and development; assess environmental impacts; and promote the use of economic instruments. Parties may also appoint national advisory committees composed of private sector representatives to assist in implementing the agreement domestically. Action Required Working closely with Foreign Affairs and International Trade Canada, Environment Canada is the "one-window" for Canadian government participation in this agreement. Environment Canada’s work includes the following: - supporting the minister in his/her capacity as council member and chair, as well as the work of the Canadian alternate representative (EC/ADM of International Affairs) Compendium of International Environmental Agreements – 2008 62 - coordinating input and developing positions for the CEC work plan, which is part of the annual operational plan - managing and coordinating Articles 14 and 15, Citizen Submissions Process - working with the secretariat to manage the day-to-day business of the CEC - working with other government departments (OGDs) and signatory provinces to develop Canadian positions - acting as secretariat to the Canadian National Advisory Committee Activities In June 2005, the council adopted Looking to the Future: Strategic Plan of the Commission for Environmental Cooperation 2005–2010, which describes the council’s new priorities for its cooperative program and the goals and initiatives for accomplishing them. Based on this, an operational plan was developed that presents how the goals and objectives of the strategic plan will be accomplished over a three-year period by describing the implementation of the key Initiatives. The operational plan will be updated annually, with a rolling three-year horizon, to reflect shifts in programming and associated budget reallocations. Canada convened its first National Advisory Committee in August 1996. The committee is usually made of up of 10 non-government representatives, who provide letters of advice to the Governmental Committee. Environment Canada acts as secretariat for this committee and provides financial support. Evidence of Compliance Compliance with the North American Agreement on Environmental Cooperation is outlined in the CEC annual reports. Contact Americas Directorate, International Affairs Branch, Environment Canada, (819) 953-6905 Compendium of International Environmental Agreements – 2008 63 Web Sites Commission for Environmental Cooperation: http://www.cec.org/home/index.cfm?varlan=english Canadian Implementation: http://www.naaec.gc.ca/eng/implementation/implementation_e.htm Compendium of International Environmental Agreements – 2008 64 OECD Decision Concerning the Control of Transboundary Movements of Wastes Destined for Recovery Operations Status Decision C(92)39 adopted March 30, 1992 Implemented in Canada in November 1992 Lead Department Environment Canada, assisted by Health Canada, Industry Canada, Natural Resources Canada, Canada Border Services Agency, Transport Canada, and Foreign Affairs and International Trade Canada. Subject Category Hazardous Wastes Summary Between 1984 and 1992, eight Council Acts were adopted covering waste identification and definition and control of transboundary movements of waste. These acts formed the basis of the Basel Convention and several European Economic Community directives. The acts are currently being consolidated and updated with the ultimate goal of building a global control system for hazardous waste movements. Because of the volume and value of waste crossing Organisation for Economic Cooperation and Development (OECD) borders annually for recovery, the OECD has developed a control system, based on risk assessment, designed to facilitate waste recovery within the OECD area [C(92)39/Final]. This control system has recently been revised [C(2001)107] to harmonize more effectively with the Basel Convention and consists of a green list of waste requiring the normal controls of an international commercial transaction and an amber list of Compendium of International Environmental Agreements – 2008 65 waste requiring specific controls as laid out in the decision and implemented through domestic laws and regulations. Commitments Council Decision C(92)39/Final: This decision provides for a simplified means to control the transboundary movements of wastes destined for recovery/recycling operations that are environmentally sound within the OECD area, and is reflected in the Canadian Export and Import of Hazardous Waste and Hazardous Recyclable Materials Regulations. The three-tier system (green, amber, and red) was established based on the overall risk to the environment and human health, and sets out the controls to be applied to such transfrontier movements. The purpose of the three-tier system is to place a given hazardous waste into one of three categories, based on the overall risks and the intrinsic properties of the waste itself, in combination with the way that such material is commonly handled in trade or commerce. Once the waste has been categorized, it is subject to the controls appropriate to that category. The controls established for the three tiers are based on an increasing scale of hazard from green (negligible risk) to red (high risk), with a respective increase in the level of controls placed on those wastes. Council Decision C(2001)107: This decision provides for a simplified means to control the transboundary movements of wastes destined for recovery/recycling operations that are environmentally sound. It supersedes Decision C(92)39/Final to more effectively harmonize with the Basel Convention. Under the 2001 revision of the Council Decision, wastes that pose a significant risk (former OECD Red list) are now subject to the requirements of the Basel Convention and not those of the OECD decision. Its terms are also implemented in Canada through the Export and Import of Hazardous Waste and Hazardous Recyclable Materials Regulations. Compendium of International Environmental Agreements – 2008 66 Specific Commitments: This decision establishes a core list of hazardous wastes and hazardous recyclable materials to be controlled. The list consists principally of the Basel Convention’s Annex IX (OECD Green List) and Annexes II and VIII (OECD Amber List), as well as other wastes determined by OECD member countries to require control. Wastes that are not found on the OECD lists but that exhibit a hazard set out in Appendix 2 of the OECD decision shall also be subject to control. Prior informed consent: Prior to shipment, the exporter will provide written notification to the competent authorities of the countries concerned or, depending on domestic law, to the competent authority of the country of export, which will in turn notify the competent authority of the country of import. Existence of contracts and use of a movement document: Transboundary movements of wastes under the OECD Amber control procedure may only occur under the terms of a valid written contract, or chain of contracts, or equivalent arrangements, starting with the exporter and terminating at the recovery facility. The contracts will include obligations to find alternative management of the waste, including the duty to return if necessary. The contracts will also provide that relevant requirements of the OECD Decision are taken into account and are binding on all parties to the contracts. The shipment will be accompanied by a movement document at all times. Right to consent or object: Within 30 days of receiving a notification, the competent authority of the importing country must provide either written consent or written objection. There is tacit consent for the proposed movement if no written response is provided within 30 days of notification. Competent authorities having jurisdiction over specific recovery facilities in a country of import may decide not to raise objections concerning transboundary movements of certain types of wastes to a specific recovery facility. Such facilities are termed “preconsented recovery facilities.” Compendium of International Environmental Agreements – 2008 67 Duty to return or re-import: When a transboundary movement of wastes subject to the OECD Amber control procedure cannot be completed in accordance with the terms of the contract for any reason, the competent authority of the country of import shall immediately inform the competent authority of the country of export. If alternative arrangements cannot be made to recover these wastes in an environmentally sound manner in the country of import, the waste will be either returned to the original country of export or shipped to another member country for recovery. Action Required Compliance with the decision requires - legislation and regulations to implement the classification, import/export controls, and tracking requirements, and environmentally sound management - administrative procedures to administer and enforce the import/export regime - support for technical and policy cooperation initiatives Activities The Canadian Environmental Protection Act 1999 (CEPA 1999) allows Canada to - fully implement its OECD obligations concerning the transboundary movement of hazardous wastes and hazardous recyclable materials - prohibit exports or imports of hazardous wastes and hazardous recyclable materials when required under international agreements or when the wastes will not be managed in an environmentally sound manner - list conditions for the environmentally sound management of hazardous waste and hazardous recyclable materials that will be considered by the minister when refusing to issue a permit to import or export. CEPA 1999 and the new Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (EIHWHRMR 2005) provide the legal authority to implement the specific Compendium of International Environmental Agreements – 2008 68 obligations (along with federal agencies, the Royal Canadian Mounted Police, the provinces, and foreign officials. Evidence of Compliance The Waste Reduction and Management Division provides evidence of compliance through its regular participation in and communication with the OECD’s Working Group on Waste Prevention and Recycling and through its reporting obligations. The Waste Management Division has also sponsored various impact studies and client satisfaction studies. In addition, the regime has been the subject of reviews, including the 1997 Auditor General Report. Contact Waste Management, Environment Canada Telephone: (819) 997-3377 Facsimile: (819) 997-3068 E-mail: tmb@ec.gc.ca Web Sites Waste Management Division of Environment Canada: http://www.ec.gc.ca/wmd-dgd) Information on the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations can be found at http://www.ec.gc.ca/wmddgd/default.asp?lang=En&n=C55741FD-1#one OECD Waste Department: http://www.oecd.org/department/0,2688,en_2649_34395_1_1_1_1_1,00.html Copies of the relevant OECD Decisions are available through the Web site of the OECD, http://www.oecd.org Compendium of International Environmental Agreements – 2008 69 Organisation for Economic Cooperation and Development (OECD) Decision Concerning the Minimum Pre-Market Set of Data (MPD) in the Assessment of Chemicals (82) 196 Status Adopted December 1982 Implemented by regulation under the Canadian Environmental Protection Act (CEPA) in 1994 Lead Department Environment Canada Subject Category Chemicals Summary and Commitments This decision requires that sufficient information on the properties of chemicals be available before they are marketed to enable a meaningful assessment of hazard to human health and the environment can be carried out. A list of Minimum Pre-Market Set of Data (MPD) components was established by an Organisation for Economic Cooperation and Development (OECD) Recommendation that accompanied the decision. Action Required Environment Canada is the lead, while Health Canada is the supporting department. The revised New Substances Notification Regulations (NSNR) under CEPA (1999) continue to provide the basis for implementing the OECD decision. Activities Compendium of International Environmental Agreements – 2008 70 The NSNR under CEPA were promulgated in 1994 to implement a pre-market chemical notification system for chemicals and polymers, which includes a requirement for an OECD MPD to accompany the notification. Under CEPA (1999), a pre-manufacture or pre-import notification and assessment process is employed, whereby risk management action can be taken if the new substance poses a risk to human health or the environment. Environment Canada's New Substances Division, Science and Technology Branch, administers the CEPA provision on new chemical notification, MPD, and assessment. In September 1997, the NSNR were amended so that features of the decisions were extended to biotechnology substances. Evidence of Compliance Approximately 14,000 notifications have been submitted to Environment Canada’s New Substances Program since 1994; risk management measures have been taken for over 90 substances to minimize any risk to human health or the environment. Except for exemptions or special requirements with some chemicals, OECD countries have found MPD to be generally satisfactory for initial assessment of hazard. OECD countries find that, in general, the notification/MPD approach has been protecting human health and the environment. Contact Science and Risk Assessment Directorate, Environment Canada Telephone: (819) 997-5804 Facsimile: (819) 953-7155 Web Site http://www.oecd.org/ Compendium of International Environmental Agreements – 2008 71 Compendium of International Environmental Agreements – 2008 72 Organisation for Economic Cooperation and Development (OECD) Decision on the Mutual Acceptance of Data (MAD) in the Assessment of Chemicals C(81)30 Status Adopted May 1981 Lead Department Environment Canada and Health Canada Subject Category Chemicals Summary Annex I contains the first approved Test Guidelines. Supplementary Council Decisions, (e.g., C[89]23) revise Annex I by adding new or updated test guidelines Annex II - Principles of Good Laboratory Practice (GLP) (see separate Agreement Summary Council Decision [89]87 for the application of GLP) Adherence of non-member countries to the Council Acts related to the Mutual Acceptance of Data (MAD) and applying GLP in the assessment of chemicals – Council Decision C(97)114/FINAL Accept, for risk assessment purposes, chemical test data generated in accordance with Organisation for Economic Cooperation and Development (OECD) Test Guidelines and OECD GLP. The adherence of non-member countries to the Council Acts related to MAD in the assessment of chemicals sets out a step-wise procedure for non-OECD countries with a significant chemical industry input to take part as full members in this system. Compendium of International Environmental Agreements – 2008 73 Commitments Accept such data from other countries and apply the OECD test guidelines and GLP principles to data generated in support of Canadian programs that protect human health and the environment. Support the development of new and updated OECD test guidelines. Apply the GLP principles: see separate Agreement Summary - Council Decision (89)87. Inform, advise, and encourage non-member countries to participate in the programs and activities related to the mutual acceptance of data in the assessment of chemicals that have been established by OECD countries pursuant to Council Acts, as laid out in Council Decision C(97)114/FINAL – Action Required Environment Canada and Health Canada share responsibility for the continued application of the MAD decision in the development and implementation of legislation, regulations, policies, and assessment practices. Activities The New Substances Notification Regulations (NSNR) of the Canadian Environmental Protection Act, 1999 (CEPA, 1999) provide the authority and a policy reference for the application of the MAD decision. GLP principles are intended to promote the quality and validity of test data and to establish a basis for MAD. The current NSNR require that “The laboratory practices to be followed in developing data for specified tests must comply with the practices set out in the 'Principles of Good Laboratory Practice' that are current at the time the test data are developed.” Health Canada leads the national coordination of the OECD test guidelines activity in Canada. Compendium of International Environmental Agreements – 2008 74 Environment Canada contributes to the development of new and updated OECD test guidelines for determining the hazard of chemicals to aquatic and terrestrial ecosystems. Canada is working cooperatively within the OECD New Chemicals Task Force and is participating in the two-year New Chemicals Parallel Process Pilot Project with the objective of increasing mutual understanding and acceptance of hazard assessments. Evidence of Compliance The decision of the council indicates the need for and benefits of mutual acceptance in OECD countries of test data used in the assessment of chemicals. An OECD project aimed at promoting mutual recognition of assessments relies on MAD and provides indirect evidence that MAD is followed by OECD countries. The NSNR include provisions that allow Canada to comply with OECD council decisions on GLP. The OECD council decisions on GLP serve as a basis for the OECD work on MAD. Contact Science and Risk Assessment Directorate, Environment Canada Telephone: (819) 953-1680 Facsimile: (819) 953-4936 Web Site http://www.oecd.org/ Compendium of International Environmental Agreements – 2008 75 Organisation for Economic Cooperation and Development (OECD) Decision on the Protection of the Environment by Control of Polychlorinated Biphenyls (PCBs) C(73)1 and C(87)2 Status Adopted February 1973 Supplementary control measures in OECD Council Decision (87)2 and Recommendations adopted February 1987 Lead Department Environment Canada Subject Category Chemicals Summary and Commitments The Organisation for Economic Cooperation and Development (OECD) Decision ensures - the cessation of all manufacturing, trade, or sale of new polychlorinated biphenyls (PCBs) and new PCB-containing equipment - the safe use and gradual safe phase-out of existing PCB-containing equipment - the safe handling and disposal of waste PCBs and PCB-containing waste products and equipment Details covered by the accompanying recommendations are for the management of existing PCB equipment and stocks and the management of PCB wastes. Action Required Environment Canada is the lead. It is to Compendium of International Environmental Agreements – 2008 76 - promulgate legislation and regulations to implement this decision - develop policies, programs, and procedures for implementing the decision and recommendations. Activities Regulations developed under the Environmental Contaminants Act and its successor, the Canadian Environmental Protection Act (CEPA), provide the authority for implementing the decision. The Environmental Contaminants Act Regulation (1977) disallowed the manufacture, trade, or sale of new PCBs and new PCB-containing products or equipment. This regulation was replaced by the Chlorobiphenyls Regulations (1987, 1991) under CEPA, which provided restrictions and conditions on the use of existing PCB equipment and PCB releases. Programs and projects were developed, in cooperation with other government departments and with provinces under the aegis of the Canadian Council of Ministers of the Environment, to monitor and manage existing PCB equipment, to arrange for phased safe withdrawal of PCB equipment from existing uses, and to arrange for the safe handling and destruction of waste PCBs and PCB-containing equipment and products. Federal regulations under CEPA were also enacted to control these activities including transportation, storage, and disposal on federal lands. Evidence of Compliance Regulations and programs completely cover the prerogatives of the OECD decision and recommendations. The 1995 Auditor General Report identified where the regulations and programs have been successful and areas where further work or a change in emphasis is needed to meet the goals of the OECD decision and recommendations. Contact Compendium of International Environmental Agreements – 2008 77 Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Facsimile: (819) 997-3068 Web Site http://www.oecd.org/ Compendium of International Environmental Agreements – 2008 78 Organisation for Economic Cooperation and Development (OECD) DecisionRecommendation on Compliance with Principles of Good Laboratory Practice (C[89] 87) Status Adopted in October 1989 Lead Department Environment Canada Subject Category Chemicals Summary The purpose of this decision-recommendation is to ensure that test data on chemicals provided to regulatory authorities for purposes of assessment and other uses related to the protection of human health and the environment are of verifiable quality and accepted internationally. (See Organisation for Economic Cooperation and Development [OECD] Decision on the Mutual Acceptance of Data, C[81] 30.) OECD member countries shall - establish national procedures for monitoring laboratory compliance with the principles of good laboratory practice (GLP) and designate an authority, or authorities, to manage compliance activities - recognize the assurance by another country that test data have been generated in accordance with the principles - designate an authority or authorities for international liaison and to exchange program and test facility compliance information Compendium of International Environmental Agreements – 2008 79 The requirements and procedures underpinning these specific agreements are stipulated in this Council Decision. Commitments Member countries agreed to put in place a GLP compliance monitoring program based on test facility inspections and study audits, as well as to exchange information with other OECD member countries on the compliance status of laboratories. Action Required Canada has committed to develop a GLP compliance monitoring program, as per obligations set out under the OECD, considering that recognition of procedures for monitoring compliance with GLP will facilitate mutual acceptance of data. Certain aspects of the program are being reviewed. The final program following the requirements in the corresponding monographs will be published and reported. Activities Environment Canada is participating in the work of the OECD Working Group on Good Laboratory Practice (GLP) regarding developing specific guidance on technical and administrative matters pertaining to GLP; monitoring compliance with the GLP principles; and fostering initiatives and exchanges of information among member countries to ensure harmonized approaches to procedures for monitoring compliance with the principles. The revised New Substances Notification Regulations (NSNR) (Chemicals and Polymers) under CEPA (1999) require all toxicity and biodegradation tests to comply with the practices set out in the “Principles of Good Laboratory Practice” that are current at the time the test data are developed. The responsibilities of the GLP compliance monitoring unit were transferred from the Environmental Technology Advancement Directorate (ETAD) to the Science and Risk Assessment Directorate (SRAD). Environment Canada has initiated Compendium of International Environmental Agreements – 2008 80 discussions with the Standards Council of Canada (SCC) to act as the GLP compliance monitoring authority for Canadian facilities involved in testing of new chemical/polymeric substances. Evidence of Compliance The revised NSNR (Chemicals and Polymers) under CEPA (1999) has made compliance with GLP a regulatory requirement for toxicological and biodegradation tests. A mechanism for information exchange on data quality with the GLP compliance monitoring authority is being considered for development in order to support the reliability of test data generated by Canadian GLP-compliant facilities and to resolve GLP compliance issues with tests generated in other countries. The current review of the GLP compliance monitoring program will ensure continued compliance with the requirements set out in the Council Act and the corresponding monographs. Contact Science and Risk Assessment Directorate, Environment Canada Telephone: (819) 997-5804 Facsimile: (819) 953-7155 Web Site http://www.oecd.org/ Compendium of International Environmental Agreements – 2008 81 Organisation for Economic Cooperation and Development (OECD) DecisionRecommendation on Cooperative Investigation and Risk Reduction of Existing Chemicals Status Adopted January 1991 Lead Department Environment Canada Subject Category Chemicals Summary This Organisation for Economic Cooperation and Development (OECD) decisionrecommendation established the cooperative investigation of high-production volume (HPV) chemicals by cooperatively selecting chemicals for investigation and agreement by countries to acquire needed data or to ensure that such chemicals are tested. Countries are to establish or strengthen programs to reduce the risks of existing chemicals, collaborate to select candidate toxic chemicals, and take concerted action to reduce their risk to human health and the environment. Commitments The International Council of Chemical Associations (ICCA) launched a global initiative on HPV chemicals on October 3, 1998. As of late 2005, the ICCA initiative presented conclusions and recommendations on screening information datasets (SIDS) for 327 Compendium of International Environmental Agreements – 2008 82 chemicals to the OECD SIDS Initial Assessment Meetings (SIAMs). The ICCA board of directors reiterated its commitment to the ICCA HPV initiative in October 2005. Action Required The Canadian Environmental Protection Act (CEPA) provides general authority for action. Environment Canada is responsible for the development and implementation of legislation, regulation, and other controls and policies to apply OECD decisions. Activities Investigation: - Environment Canada has the lead in collaboration with Health Canada and in cooperation with the chemical industry by participation in the OECD chemicals projects on the SIDS for HPV existing chemicals. - Environment Canada and Health Canada have sponsored eight chemicals, which provided SIDS and SIDS initial assessment reports for the OECD HPV program. - Environment Canada and Health Canada have provided scientific reviews on OECD HPV assessment for 650 chemicals to date and expect to continue their participation in the investigation of HPV chemicals. Most of the Canadian-sponsored assessments were simultaneously part of the Priority Substances Assessment Program. - Environment Canada and Health Canada have categorized the 23,000 substances on the Domestic Substances List to determine those that have the greatest potential for human exposure or those that are persistent, bioaccumulative, and inherently toxic. Candidate substances will undergo a risk assessment to identify those that will require risk management action. - Canadian activities are managed by the Existing Substances Division, Environment Canada, and the Existing Substances Division at Health Canada. Risk reduction: Compendium of International Environmental Agreements – 2008 83 - Environment Canada was the lead and Natural Resources Canada and the chemical industry were involved in the five pilot risk reduction activities. - Environment Canada and Health Canada participated in the selection of priority chemicals and the development of policy and criteria for risk reduction, taking into account ongoing initiatives in other international fora. - Environment Canada and Health Canada participated in risk reduction activities on specific chemicals: lead, mercury, cadmium, brominated flame retardants, and methylene chloride. - Environment Canada has developed a parallel project under the Toxic Substances Management Policy (TSMP) to virtually eliminate or control the life-cycle of toxic, persistent, and bioaccumulative substances and a Strategic Options Process to develop options for the safe management of toxic chemicals. - Environment Canada, along with the Pest Management Regulatory Agency (PMRA)/Health Canada, implement the Rotterdam Convention on Prior Informed Consent. Evidence of Compliance See Activities, above. Contact Existing Substances Division, Science and Technology Branch, Environment Canada Telephone: (819) 997-4977 Facsimile: (819) 953-4936 Web Site http://www.oecd.org/ Compendium of International Environmental Agreements – 2008 84 Organisation for Economic Cooperation and Development (OECD) Decision — Recommendation on the Systematic Investigation of Existing Chemicals C(87)90 Status Adopted June 1987 Lead Department Environment Canada Subject Category Chemicals Summary and Commitments Countries agree to establish or strengthen national programs to systematically investigate existing chemicals, in order to identify those which need to be managed and/or controlled to protect health and the environment. The recommendation includes harmonized technical guidance on identification of relevant chemicals; priority setting; collection of information needed for priority setting; generation of information, including testing, needed for hazard assessments; and performance of hazard and risk assessments. Action Required Develop legislative and regulatory basis and the administrative infrastructure that is needed to implement the commitment, as well as undertake the systematic investigation of priority chemicals of concern for health and environmental protection in Canada. Activities Environment Canada had the lead in developing the new Canadian Environmental Protection Act (CEPA), which was promulgated in 1999. Part 5 (Toxic Substances) incorporates the relevant harmonized Organisation for Economic Cooperation and Development (OECD) Compendium of International Environmental Agreements – 2008 85 requirements and guidance for the investigation of existing chemicals under the title "Priority Substances." Part 5 identifies ministerial prerogatives for setting priorities, for the systemic investigation and assessment of hazard and for deciding if a chemical is "toxic." It also provides the powers enabling the collection and generation of the information needed. Environment Canada strengthened its capability to undertake the systematic investigation of priority substances by increasing the resources and expanding the Existing Substances Branch in order to meet CEPA requirements and prescribed time limits. Environment Canada initiated a Priority Substances List (PSL) program. PSL1 consisted of 44 substances that have been assessed. For the 25 PSL1 substances considered under CEPA, regulations or other management options have been, or are being, developed. PSL2 consisted of 25 substances that have been assessed. All mandated deadlines for PSL assessments have been met. Risk management is being considered for 18 substances. Environment Canada and Health Canada have categorized the 23,000 substances on the Domestic Substances List to determine those that have the greatest potential for human exposure or those that are persistent, bioaccumulative, and inherently toxic. Candidate substances will undergo a risk assessment to identify those that will require risk management action. Evidence of Compliance The Canadian Environmental Protection Act (CEPA) was promulgated in 1999. Part 5 (Toxic Substances) incorporates the relevant harmonized Organisation for Economic Cooperation and Development (OECD) requirements and guidance for the investigation of existing chemicals under the title "Priority Substances." See also the CEPA annual reports. Contact Existing Substances Division, Science and Technology Branch, Environment Canada Telephone: (819) 997-4977 Compendium of International Environmental Agreements – 2008 86 Facsimile: (819) 953-4936 Web Site http://www.oecd.org/env/acts.htm Compendium of International Environmental Agreements – 2008 87 Antarctic Treaty System – Madrid Protocol Status The Antarctic Treaty concluded in 1959 and entered into force June 23, 1961. Canada acceded to the treaty, as a Non-Consultative Party, on May 4, 1988. Protocol on Environmental Protection to the Antarctic Treaty (The Madrid Protocol) concluded in 1991 and entered into force October 4, 1998. Canada signed the Protocol October 4, 1991 and ratified in 2003. Lead Department Environment Canada Subject Category Ecosystems Summary During the first half of the twentieth century, several countries made territorial claims to various parts of the Antarctic. The International Geophysical Year (1957-58) presented an opportunity to discuss ways to avoid possible problems with conflicting claims and establish a means to facilitate continued international scientific collaboration. It led to the development of the Antarctic Treaty, which was signed in Washington, D.C., December 1, 1959, and entered into force when ratified by the original 12 parties (Argentina, Australia, Belgium, Chile, the French Republic, Japan, New Zealand, Norway, the Union of South Africa, the Union of Soviet Socialist Republics, the United Kingdom of Great Britain and Northern Ireland, and the United States of America) on June 23, 1961. The goal of the Antarctic Treaty is to ensure "in the interests of all mankind that Antarctica shall continue forever to be used exclusively for peaceful purposes and shall not become the scene or object of international discord." Compendium of International Environmental Agreements – 2008 88 The Treaty's main features include: prohibition of all military activities; freedom and international cooperation in scientific research and exchange of information; suspension of claims of territorial sovereignty; and prohibitions of nuclear explosions or disposal of radioactive waste. A distinct characteristic of the treaty is the two-tiered category of contracting parties. “Consultative Parties” are those parties that conduct ongoing national research activities in the Antarctic. The other group consists of “Non-Consultative Parties” that do not have such activities in the region, but have ratified or acceded to the treaty's principles and provisions. Currently, there are 28 Consultative Parties and 17 Non-Consultative Parties. Canada became a Non-Consultative Party when it acceded to the Treaty in 1988. Since 1961, Parties to the Antarctic Treaty have negotiated several international agreements and more than 200 resolutions and decisions dealing with the governance and management of Antarctica. Although the Antarctic Treaty was established to promote international cooperation in scientific investigation and to ensure that the continent of Antarctica was to be used solely for peaceful purposes, there are no provisions specifically addressing environmental issues. Agreements that have since been developed by the Antarctic Treaty Consultative Meetings (ATCMs) to address environmental issues include: Agreed Measures for the Conservation of Antarctic Fauna and Flora (AMCAFF), 1964; the Convention for the Conservation of Antarctic Seals (CCAS), 1972; the Convention on the Conservation of Antarctic Marine Living Resources (CCAMLR), 1980; and the Protocol on Environmental Protection to the Antarctic Treaty, 1991 (Madrid Protocol). The Department of Environment specifically works under the Antarctic Treaty System, through the Madrid Protocol, to address environmental issues and governance in the Antarctic. Commitments The Antarctic Treaty System was strengthened with the 1991 adoption of the Protocol on Environmental Protection to the Antarctic Treaty. The Protocol came into force in 1998 and has been ratified by more than thirty countries. Parties are required to oversee the activities of Compendium of International Environmental Agreements – 2008 89 expeditions organized in or proceeding from their territory, as well as the activities of their vessels, aircraft and stations in the Antarctic. The Protocol requires that all activities undertaken in the Antarctic be subject to prior assessment of their environmental impacts and requires the development of contingency plans to respond to environmental emergencies. The Committee for Environmental Protection (CEP) is established under the Protocol to assist Parties in implementing the Protocol. The CEP provides advice and recommendations to the Parties, and monitors the environmental effects of the implementation, including environmental assessment activities and the management of protected areas. Canada has, in the past, been an active member of the CEP, but has not recently attended the annual meetings. As part of a global effort to protect the Antarctic environment, Canada ratified the Madrid Protocol on December 1, 2003. Domestic legislation was required to fulfill Canada’s obligations under the Madrid Protocol, and so Canada passed the Antarctic Environmental Protection Act (AEPA) in 2003. The Act provides a permitting regime that gives the Minister of Environment the necessary powers to ensure that activities undertaken by Canadian expeditions, Canadian vessels and Canadian aircraft in the Antarctic do not result in deleterious impacts on the Antarctic land and seascape. Permit applications are reviewed by experts within the Department and interdepartmentally. The Treaty system is administered through annual Antarctic Treaty Consultative Meetings (ATCMs). While Canada has attended meetings in the past, Canada has not participated in the last two meetings. Action Required The issuing of permits is the primary way in which Canada fulfills its obligations under the Madrid Protocol. The Department typically issues about three permits per austral summer season, mostly in relation to tourism activities. Some permits are issued to cover several voyages under the umbrella of a single expedition. Compendium of International Environmental Agreements – 2008 90 Activities In addition to issuing permits under the AEPA and participation at the annual ATCMs, Canadian activity in the Antarctic is mainly focused on weather observation and monitoring; climate and climate change research; stratospheric ozone; long-range pollutant studies; glaciology and terrestrial water balance investigations; and a range of scientific studies related to sea birds and marine mammals, all of which are related to Antarctic activities under the auspices of the Antarctic Treaty System as well as departmental programs. Evidence of Compliance Compliance with the obligations of the Antarctic Treaty System can be measured by our obligation to review and issue permits for travel to the Antarctic; submissions of annual reports; attendance and participation at the ATCMs, as well as activities in the CEP and its associated working groups. Contact Multilateral and Bilateral Affairs, Environment Canada Telephone: 819 – 997 - 4046 Web Site www.ats.aq Compendium of International Environmental Agreements – 2008 91 Protocol to the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter Status Canada adopted the protocol November 8, 1996, at the Special Meeting of the Parties to the London Convention 1972, Acceded to the protocol May 15, 2000 London Protocol entered into force March 24, 2006 Lead Department Environment Canada, supported by Fisheries and Oceans Canada (DFO), Foreign Affairs and International Trade Canada (DFAIT), Natural Resources Canada (NRCan), and Transport Canada (TC). Subject Category Oceans/Waste Summary The protocol is a full treaty intended to eventually replace the London Convention 1972 (LC72). The protocol prohibits the disposal at sea of wastes and other matter except under a permit issued by a contracting party, depending on the nature of the wastes and other matter. To be considered for a permit, a waste or other matter must be listed in Annex I and assessed for a permit according to Annex II. Parties must monitor disposal sites and report. Commitments Parties must (except in emergency situations) implement a precautionary approach to environmental protection take into account the polluter pay principle not transfer damage from one component of the environment to another Compendium of International Environmental Agreements – 2008 92 prohibit dumping of all wastes except those listed in Annex I prohibit the export of wastes for dumping at sea and incineration at sea of wastes require a permit for dumping of wastes listed in Annex I, issued according to guidance in Annex II keep records and monitor, enforce, and report on actions under the protocol support on a voluntary basis technical assistance to other parties promote development of international measures to protect the marine environment from all sources of pollution Action Required The protocol is fully implemented in Canada. Environment Canada's main obligations are to develop the legal and administrative regime to implement and report on the protocol. It assesses wastes, controls disposal, and monitors disposal sites. Activities Refer to the 1972 London Convention (LC72). Parties to the protocol must, by 2008, develop legal and administrative regimes to implement and report on compliance activities. Parties will also develop guidances on waste assessment and monitoring. Canada is assisting in the development of guidance on action lists (levels above which ocean disposal is not allowed) and will input to guidance on assessing, managing, and monitoring the storage of CO2 in geological formations in the sub-seabed. In addition to what it provides for the convention, Canada now provides annual reports on monitoring and identifies activities in internal marine waters as separate from activities occurring seaward of the baselines of the territorial sea to satisfy the protocol. Evidence of Compliance The Canadian Environmental Protection Act (CEPA), Part 7, Division 3, and schedules 5 and 6 create the legal framework for full implementation of the protocol. Compendium of International Environmental Agreements – 2008 93 The Environmental Stewardship Branch and enforcement offices implement and enforce the CEPA permit system provide technical assistance to parties, and technical and policy input to the convention and protocol secretariat. Canada only permits ocean dumping of substances on the protocol’s list (excluding sewage sludge). Canada conducts disposal site monitoring to assess effects. Contact Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-4341 Facsimile: (819) 953-0913 Web Sites http://www.londonconvention.org http://www.imo.org/ Compendium of International Environmental Agreements – 2008 94 Rotterdam Convention on the Prior Informed Consent (PIC) Procedure for Certain Hazardous Chemicals and Pesticides in International Trade Status Text of the convention adopted September 10, 1998 Convention entered into force February 24, 2004 Canada has been a party to the convention since August 2002 Lead Departments Environment Canada and the Pest Management Regulatory Agency of Health Canada Subject Category Chemicals Summary The Rotterdam Convention fulfills a commitment made at the Rio Earth Summit in 1992 under Chapter 19 of Agenda 21 on Toxic Chemicals and Chemical Risks. It creates an international framework for the exchange of information on hazards and control measures taken for certain hazardous chemicals and pesticides. The convention covers pesticides and industrial chemicals that have been banned or severely restricted by parties for health or environmental reasons. The main component to the Rotterdam Convention is a legally binding prior informed consent (PIC) procedure. The PIC procedure is a means of formally obtaining and disseminating the decisions of importing parties as to whether they wish to receive future shipments of certain hazardous chemicals and pesticides covered by the procedure. The convention also contains provisions for the exchange of information among parties about potentially hazardous chemicals that may be exported. Compendium of International Environmental Agreements – 2008 95 Commitments Parties commit not to export chemicals subject to the PIC procedure unless the importing party agrees to their shipment. Under the information exchange procedure, parties are required to provide information about each ban or severe restriction on a chemical it implements nationally. Further, a party that plans to export a chemical that is banned or severely restricted for use within its territory, must inform the importing party that such export will take place. Action Required Environment Canada and the Pest Management Regulatory Agency of Health Canada are the leads. Actions relating to the agreement are as follows: - notify the convention secretariat of regulatory actions to ban or severely restrict a substance - provide advance notification to importing parties of exports of substances banned or severely restricted in Canada - participate to regular Conferences of the Parties, and when required, to meetings of the Chemical Review Committee Activities The implementing regulations, the Export of Substances under the Rotterdam Convention Regulations, came into force on December 1, 2002. The regulations are being amended to better reflect some provisions of the convention and simplify certain requirements of the regulations. Evidence of Compliance The Canadian Environmental Protection Act (1999) and the Export of Substances Under the Rotterdam Convention Regulations provide the legal authority to implement the main Compendium of International Environmental Agreements – 2008 96 convention obligations. Some administrative obligations of the convention will be implemented in parallel to the regulations. Contact Chemical Management, Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Facsimile: (819) 994-0007 Web Site http://www.pic.int Compendium of International Environmental Agreements – 2008 97 Security and Prosperity Partnership (SPP) of North American Status Partnership created on March 23, 2005 Lead Departments Industry Canada (Prosperity); Public Safety Canada (Security); Department of Foreign Affairs and Trade Subject Category Cooperation Summary The Security and Prosperity Partnership of North America (SPP) is an ongoing dialogue that seeks to address common challenges, strengthen security and enhance the quality of life for the citizens of Canada, the United States, and Mexico. The SPP is divided into two categories: 1) security; and 2) prosperity and quality of life (which promotes enhanced environmental cooperation under the heading “Joint Stewardship of our Environment”). The SPP builds on other existing bilateral and trilateral relationships established with Canada's North American partners, through such mechanisms as the North American Free Trade Agreement (NAFTA); the Canada-U.S. Smart Border Declaration; and the CanadaMexico Partnership. The SPP provides a flexible means for a dialogue, priority setting, collaboration and action on issues affecting the security, prosperity and quality of life of Canadians, Americans and Mexicans. It addresses diverse issues, such as border facilitation, the environment, food and product safety, and includes measures to improve overall North Compendium of International Environmental Agreements – 2008 98 American competitiveness. The SPP is a non-binding partnership, it seeks to find practical solutions to concrete issues while not duplicating or replicating existing mechanisms. It is neither a treaty nor an international agreement but rather, an ongoing dialogue among Canada, the U.S. and Mexico to address common challenges across North America. Commitments The SPP promotes an evergreen agenda by hosting annual North American Leaders’ meetings and intermittent SPP Minister’s meetings. While initially consisting of a broad agenda with multiple working groups the SPP has refocused itself to focus on fewer priorities announced by Leaders’ at annual meetings. The five priority themes for the SPP agreed to in August 2007 include Enhancing the Global Competitiveness of North America; Safe Food and Products; Sustainable Energy and Environment; Smart and Secure Borders; Emergency Management and Preparedness. EC is currently engaged in work under the competitiveness and energy and environment themes. The three current projects include chemical assessment and management efforts, vehicle and engine emission standards and work to achieve comparable emission measurement, reporting and verification systems that would enable the three countries to develop publicly available national emissions inventories in North America. Action Required Working closely with the Lead SPP departments, International Affairs Branch, Americas Directorate is the "one-window" for Environment Canada’s participation in this partnership, tracking where there might be opportunities to advance EC’s agenda through this Leaders forum,. Evidence of Compliance Reporting is done annually with the release of a Report to Leaders’ on the current initiatives included in the SPP workplan. This report is made public and supported by leaders in a trilateral leader’s statement. Compendium of International Environmental Agreements – 2008 99 Contact Americas Directorate, International Affairs Branch, Environment Canada, (819) 953-6905 Web Sites Security and Prosperity Partnership website http://www.spp-psp.gc.ca Compendium of International Environmental Agreements – 2008 100 Stockholm Convention on Persistent Organic Pollutants (POPs) Status Open for signature/ratification May 23, 2001 Canada signed and ratified the convention on May 23, 2001 Entered into force May 17, 2004 Lead Department Environment Canada Subject Category Climate Change Summary The objective of the Stockholm Convention is to control, reduce, or eliminate discharges, emissions, and losses of POPs to the environment. Three measures are used as obligations in the convention: for some substances, production and use are eliminated; for other substances, use is severely restricted; and for those substances that are formed unintentionally as a result of combustion or processing activities, total annual emissions are to be reduced. A process incorporated into the convention allows for substances to be added or current obligations to be modified as new information is obtained. Commitments The convention seeks the elimination or restriction of production and use of all intentionally produced POPs listed in the convention. Initially, the chemicals slated for elimination are aldrin, chlordane, dieldrin, endrin, heptachlor, hexachlorobenzene (HCB), mirex, toxaphene, and polychlorinated biphenyls (PCBs). Continued use of DDT is allowed for vector control until safe, affordable, and effective alternatives are in place. Countries must make determined efforts to identify, label, and remove PCB-containing equipment from use by 2025 and Compendium of International Environmental Agreements – 2008 101 manage those wastes in an environmentally sound manner. The convention also seeks the continuing minimization and, where feasible, ultimate elimination of the releases of unintentionally produced POPs such as dioxins and furans. Stockpiles and wastes containing POPs must be managed and disposed of in a safe, efficient, and environmentally sound manner, taking into account international rules, standards, and guidelines. Each party is required to develop a plan for implementing its obligations under the convention. Action Required Collectively, the existing federal, provincial, and territorial management instruments provide appropriate mechanisms for implementing Canada's commitments under the convention. In accordance with Article 7, Canada submitted our national implementation plan in May 2006. The plan was prepared in consultation with non-government organizations. Activities Canada’s priority is to support actions that facilitate effective implementation of the Stockholm Convention: - A key aspect is actions that will address the needs of developing countries and countries with economies in transition to facilitate their implementation and ratification of the convention. The Canada POPs Fund is a $20M fund administered by the World Bank, which supports capacity-building projects in developing countries and countries with economies in transition and -Canada is continuing to emphasize that prompt global action on POPs is imperative. Canada is very active on a number of specific issues, including the POPs Review Committee to undertake technical assessments of candidate substances for addition to the convention; the Expert Group on Best Available Techniques / Best Environmental Practices to control releases of unintentionally produced POPs; and the Global POPs Monitoring Group for evaluating the effectiveness of the convention. Compendium of International Environmental Agreements – 2008 102 Evidence of Compliance Canada developed its national implementation plan and submitted it to the convention’s secretariat by the deadline of May 17, 2006. Canada complies with the obligation to eliminate production and/or use of the 12 POPs. All 12 are targeted for virtual elimination under the federal Toxic Substances Management Policy. The pesticides aldrin, chlordane, DDT, dieldrin, endrin, heptachlor, mirex, and hexachlorobenzene and PCBs are controlled under Canadian Environmental Protection Act 1999 regulations. Use of lindane in Canada is currently restricted to small amounts for pharmaceutical use against lice and scabies. To ensure continuing reduction in emissions, standards for dioxins and furans emitted from the main source sectors have been developed under the Canada-wide Standards process. Reductions in hexachlorobenzene are expected to parallel reductions in dioxin and furan emissions. Canada is revising its PCB regulations in line with its commitments under the convention to end the existing use of PCBs and destroy PCBs by specified timeframes. Contact Chemical Management, Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-7157 Facsimile: (819) 953-8963 Web Sites http://www.pops.int Compendium of International Environmental Agreements – 2008 103 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol to Abate Acidification, Eutrophication, and Ground-level Ozone (Gothenburg Protocol) Status Signed December 1, 1999 Entered into force May 17, 2005 Lead Department Environment Canada Subject Category Air Summary The Gothenburg Protocol is the first multi-pollutant, multi-effect protocol to the Convention on Long-Range Transboundary Air Pollution. It is also the first protocol to include ammonia control measures and the first to seek controls to limit the effects of ozone using critical levels. The aim of the protocol is to cut emissions of sulphur, nitrogen oxides, volatile organic compounds, and ammonia in a cost-effective way to prevent adverse environmental and health effects from acidification, ground-level ozone, and eutrophication (depleted oxygen in aquatic ecosystems caused by increased plant growth from excess nutrients). In Europe, an integrated assessment model based on the effects of each country’s emissions and the costs of emission reduction measures guided the negotiation of emission reductions for each party, although final commitments were also influenced by domestic considerations. The protocol’s main feature is mandatory emissions ceilings for SO2, NOx, VOCs, and ammonia to be met by Compendium of International Environmental Agreements – 2008 104 the year 2010. In addition, for certain new stationary and mobile sources, parties are required to apply stated limit values that set the maximum amount of a pollutant that may be emitted from a specific source. Parties have also stated that best available techniques should be used in new and existing stationary and mobile sources. A further obligation requires parties to take appropriate measures, based inter alia on scientific and economic criteria to reduce emissions of VOCs associated with the use of products such as paints. Finally, the protocol requires European parties to control ammonia emissions from agriculture. Commitments As North America is not covered by the modeling domain used to determine emissions ceilings, Canada and the United States tailored their commitments to the North American context, consistent with the convention’s flexible approach. Given that in North America, major bilateral and national initiatives are ongoing to address ground-level ozone and acidification, consensus was reached that Canada and the United States could bring their emission ceilings into the protocol when they ratify it. The protocol does not contain any ammonia-related obligations for Canada and the United States as there is no evidence that eutrophication is an issue of transboundary concern in North America. Other commitments for Canada under the protocol are written in a flexible manner and more or less reflect the status quo. Action Required To permit ratification, Canada will need to set national and or regional emissions ceilings for SO2, NOx, and VOCs. These could flow from the existing ozone annex to the 1991 Canada– United States Air Quality Agreement, the announced provincial targets and schedules for SO2 reductions under the Canada-wide Acid Rain Strategy for Post-2000 in Ontario, Quebec, New Brunswick, and Nova Scotia, and reliable measures and tracking of VOC reductions and inventories consistent with achievement of the Canada-wide Standard for Ozone. Activities Continue domestic policy development to put in place the elements of a ratification commitment package. Compendium of International Environmental Agreements – 2008 105 Evidence of Compliance Annual reporting on emissions and biannual reports on strategies and policies. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 106 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol Concerning the Control of Emissions of Volatile Organic Compounds (VOCs) or their Transboundary Fluxes Status Signed November 19, 1991 Not ratified by Canada In force internationally September 29, 1997 Lead Department Environment Canada Subject Category Air Summary The protocol sets out options for emission reduction targets including variations on a 30 percent reduction in emissions of volatile organic compounds (VOCs) by 1999, or a stabilization of 1988 levels by 1999, if emissions levels in 1988 did not exceed certain specified levels. Commitments If Canada were to become a party, in addition to other measures, Canada would be required to reduce its annual emissions of VOCs from Tropospheric Ozone Management Areas specified in Annex I by at least 30 percent by 1999, using 1988 levels as a basis, and ensure that total national annual emissions of VOCs by 1999 did not exceed 1988 levels. Canada signed the protocol with the intention of reducing VOC emissions by 30 percent in the Lower Fraser valley and the Windsor–Quebec corridor, where smog problems are most severe. Compendium of International Environmental Agreements – 2008 107 While some VOC reductions in these areas have occurred, they have been less than 30 percent. Therefore, Canada has not ratified the protocol. Canada has negotiated and signed the Protocol to Abate Acidification, Eutrophication, and Ground-level Ozone (Gothenburg Protocol), which addresses VOC emissions and reflects Canada’s implementation of domestic VOC programs. Action Required Any commitments for Canada on VOC emissions will be brought into the Gothenburg Protocol upon ratification and will be based on domestic and bilateral initiatives that are currently under way. Activities Canada signed the protocol in 1991, based on ministerial approval of the Nitrogen Oxides (NOx)/Volatile Organic Compounds (VOCs) Management Plan at the Canadian Council of Ministers of the Environment (CCME), which included a wide range of federal and provincial initiatives and measures to reduce NOx and VOCs. Canada did not ratify the protocol because the 30 percent reduction in VOCs could not be shown to have occurred by 1999 in the Tropospheric Ozone Management Areas in British Columbia, Ontario, or Quebec for reasons noted above Canada reports annually to the United Nations Economic Commission for Europe (UNECE) secretariat on emissions, monitoring, and national strategies and policies. Evidence of Compliance Not ratified Contacts Environmental Stewardship Branch, Environment Canada Compendium of International Environmental Agreements – 2008 108 Telephone (819) 956-5263 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 109 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol Concerning the Control of Nitrogen Oxides or their Transboundary Fluxes Status Signed November 1, 1988 Ratified January 25, 1991 In force internationally February 4, 1991 In force in Canada April 25, 1991 Lead Department Environment Canada Subject Category Air Summary The protocol requires a freeze of total annual emissions of nitrogen oxides at 1987 levels by the end of 1994 and requires parties to the protocol to take a variety of domestic measures aimed at reducing nitrogen oxide pollution. The protocol also aims to develop an approach to emission reductions that is guided by the exposure the receiving environment can sustain without significant damage ("critical loads" approach). Commitments Canada was, and is, required to control and/or reduce national annual emissions of nitrogen oxides or their transboundary fluxes by December 31, 1994, at or below emissions for 1987. Action Required Compendium of International Environmental Agreements – 2008 110 Environment Canada is the lead. It must facilitate controlling or reducing emissions of nitrogen oxides, negotiate for further emissions reductions on behalf of Canada, and report annually on emissions and national strategies and policies. Activities Since 1987, Canada has frozen its national annual emissions of nitrogen oxides at 1987 levels of 2,131 kt. Canada reports annually to the United Nations Economic Commission for Europe (UNECE) secretariat on emissions, monitoring, and national strategies and policies. Evidence of Compliance Canada's annual submission to the UNECE secretariat on its nitrogen oxide emissions. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 111 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol on Further Reductions of Sulphur Emissions Status Signed June 14, 1994 Ratified July 8, 1997 In force in Canada August 5, 1998 In force internationally August 5, 1998 Lead Department Environment Canada Subject Category Air Summary This protocol (second sulphur dioxide [SO2] protocol of the Convention on Long-Range Transboundary Air Pollution), also known as the 1994 Oslo Protocol, sets long-term targets for reductions in sulphur emissions using an effects-based approach. The effects-based approach means that there is a differentiation of emissions reduction obligations for parties to the protocol. It aims to gradually attain critical loads using best available technology, energy savings, application of economic instruments, and other considerations. Commitments Canada is required to reduce its national emissions to 3,700 kt by 1990 and to 3,200 kt by 2000, the latter of which is a 30 percent emission reduction from a 1980 base year. Emissions were to be reduced in the sulphur oxide management area (a region that included much of eastern Canada) to 1,750 kt, which is a 46 percent reduction from a 1980 base year. Canada is also required to report annually on emissions and biannually on national Compendium of International Environmental Agreements – 2008 112 strategies and policies. Canada has met its obligations to reduce sulphur emissions. (Canada was 18 percent below the cap at 2.65 kt in 1995.) Action Required As the lead department, Environment Canada must facilitate the reduction of sulphur emissions, report annually on emissions, and report biannually on national strategies and policies. Activities Canada reports annually to the United Nations Economic Commission for Europe (UNECE) secretariat on emissions and reports biannually on national strategies and policies. Evidence of Compliance Canada's annual submission to the UNECE secretariat. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 113 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol on Heavy Metals Status Signed June 24, 1998 Ratified December 18, 1998 Entered into force December 29, 2003 Lead Department Environment Canada Subject Category Air Summary The protocol aims to cut emissions of lead, cadmium, and mercury from industrial sources (for example, the iron and steel industry and the non-ferrous metals industry); combustion processes (power generation and road transport); and waste incineration. It sets limits for emissions from stationary sources and suggests best available techniques, such as special filters, scrubbers, or mercury-free processes, to achieve these limits. The protocol requires countries to phase out leaded petrol (gasoline) and introduces measures to lower emissions of mercury from products such as batteries. Commitments For the three specified heavy metals (cadmium, lead, and mercury), Canada will be required to control atmospheric emissions from new plants in designated industrial sectors reduce total atmospheric emissions of each of the three metals from existing facilities by 50 percent (based on 1990 values) Compendium of International Environmental Agreements – 2008 114 control lead content in gasoline and mercury content in alkaline batteries and develop and maintain emission inventories for specified heavy metals Action Required Collectively, the existing federal, provincial, and territorial management instruments provide appropriate mechanisms for implementing Canada's commitments under this protocol. Activities Environment Canada leads Canada’s participation in a Heavy Metals Task Force, which works on technical issues related to the protocol. In 2006, the task force prepared draft documents for a sufficiency and effectiveness review of the protocol. Evidence of Compliance Canada’s emissions inventories and reporting indicate that Canada has met its obligations of reducing emissions of each of cadmium, lead, and mercury by more than 50 percent from 1990 levels. Obligations to reduce levels of lead in gasoline and mercury in batteries specified in the protocol have also been met. The obligation to apply best available techniques to new stationary sources would be addressed by provinces and territories should new facilities be proposed for approval. Contact Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Facsimile: (819) 994-0007 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 115 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol on Long-Term Financing of the Co-operative Programme for Monitoring and Evaluation of the Long-range Transmissions of Air Pollutants in Europe (EMEP) Status Signed October 3, 1984 Ratified December 4, 1985 In force in Canada January 28, 1988 In force internationally January 28, 1988 Lead Department Environment Canada Subject Category Air Summary The monitoring and evaluation of long-range transmission of pollutants is an integral component of the 1979 Convention on Long-Range Transboundary Air Pollution. EMEP has three main components: collection of emissions data; measurement of air and precipitation quality; and modeling of the movement of air pollution. The 1984 protocol established ongoing funding for a monitoring program that is critical to support work under the convention where review and assessment of air pollution in Europe is required. The protocol establishes funding based, for the most part, on annual mandatory contributions from countries covered by the geographic scope of EMEP. Voluntary contributions can be made by countries, such as Canada, that are outside the geographic scope of EMEP. Compendium of International Environmental Agreements – 2008 116 Commitments Canada is not obligated by the protocol to contribute financially in support of EMEP, but can voluntarily contribute. Canada makes voluntary contributions. Canada is, however, required to cooperate to collect emission data for sulphur dioxides (SO2), nitrogen oxides (NOx), volatile organic compounds (VOCs), and other air pollutants. In its compilation of emission inventories, Canada uses methods that are comparable to those in the United Nations Economic Commission for Europe (UNECE) emissions inventory guidebook to ensure that data collected are consistent and compatible with other parties to the protocol. In addition, Canada must measure air and precipitation quality, as well as model atmospheric dispersion. Action Required Environment Canada is the lead. It must cooperate to collect emission data, measure air and precipitation quality, and model atmospheric dispersion. Activities Canada has reported annually on emissions, monitoring, and national strategies and policies to the UNECE secretariat. As well, Canada has made voluntary contributions under this protocol. Canada participates in harmonization of emission methodologies and uses methodologies that are harmonized with UNECE parties. Evidence of Compliance Canada's annual report to the UNECE secretariat. Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 956-5263 Compendium of International Environmental Agreements – 2008 117 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 118 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol on Persistent Organic Pollutants (POPs) Status Signed June 24, 1998 Ratified December 18, 1998 Entered into force October 23, 2003 Lead Department Environment Canada Subject Category Air Summary The objective of the Protocol on Persistent Organic Pollutants (POPs) is to control, reduce, or eliminate discharges, emissions, and losses of POPs to the environment. Three measures are used as obligations in the protocol: for some substances, production and use are eliminated; for other substances, use is severely restricted; and for those substances that are formed unintentionally as a result of combustion or processing activities, total annual emissions are reduced from a reference year. A process included in the protocol allows for substances to be added or current obligations to be modified as new information is obtained. Commitments 16 POPs are managed under the LRTAP POPs Protocol. Canada* is required to eliminate the production and/or use of 12 POPs (aldrin, chlordane, chlordecone, DDT, dieldrin, endrin, heptachlor, hexabromobiphenyl, hexachlorobenzene, mirex, PCBs, and toxaphene) restrict the use of three POPs (DDT, lindane, and PCBs) Compendium of International Environmental Agreements – 2008 119 control the atmospheric emissions of four POPs (polycyclic aromatic hydrocarbons, dioxins, furans, and hexachlorobenzene) from designated industrial sectors commit to environmentally sound destruction and disposal of substances that are subject to elimination maintain/develop emission inventories for substances requiring atmospheric emission controls as well as collect available information relating to the production and sale of substances scheduled for elimination of production and/or use and restriction of use *Note that some substances are subject to multiple control regimes. Action Required Collectively, the existing federal, provincial, and territorial management instruments provide appropriate mechanisms for implementing Canada's commitments under this protocol. Activities A Strategic Implementation Framework developed by the National Air Issues Coordinating Committee–Air Hazardous Air Pollutants (NAICC-A_HAPS) Task Group in 1998–1999 was updated in 2004. Evidence of Compliance Canada complies with the obligation to eliminate production and/or use of the 12 POPs. The pesticides aldrin, chlordane, chlordecone, DDT, dieldrin, endrin, heptachlor, mirex, hexachlorobenzene, and toxaphene are not registered for use in Canada under the Pest Control Products Act. The industrial chemicals mirex, hexachlorobenzebe, hexabromobiphenyl, and PCBs are controlled under CEPA 1999 regulations. Use of lindane in Canada is currently restricted to small amounts for pharmaceutical use against lice and scabies. Compendium of International Environmental Agreements – 2008 120 To ensure continuing reduction in emissions, standards for dioxins and furans emitted from the main source sectors have been developed under the Canada-wide Standards process. Reductions in hexachlorobenzene are expected to parallel reductions in dioxin and furan emissions. Technological improvements in the aluminium industry, the largest source of polycyclic aromatic hydrocarbon (PAH) releases in Canada, have led to reduced PAH emissions by approximately 50 percent since 1990. Contact Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-6072 Facsimile: (819) 953-8963 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 121 UNECE Convention on Long-Range Transboundary Air Pollution (LRTAP) – Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes by at Least 30 Percent Status Signed July 9, 1985 Ratified December 4, 1985 In force in Canada September 2, 1987 In force internationally September 2, 1987 Lead Department Environment Canada Subject Category Air Summary The 1985 Protocol on the Reduction of Sulphur Emissions or their Transboundary Fluxes (first SO2 protocol), designed to implement the 1979 United Nations Economic Commission for Europe (UNECE) Convention on Long-Range Transboundary Air Pollution, planned to reduce sulphur emissions or their transboundary fluxes by 30 percent as soon as possible and at the latest by 1993 using 1980 as the base year. Taken as a whole, the 21 UNECE parties reduced 1980 sulphur emissions by 50 percent by 1993. Commitments Canada was required to reduce national annual sulphur emissions or their transboundary fluxes by at least 30 percent as soon as possible and at the latest by 1993, using 1980 levels as the basis for calculation of reductions. As well, Canada was not to increase national annual Compendium of International Environmental Agreements – 2008 122 emissions of sulphur or their transboundary fluxes beyond the 30 percent reduction. Canada is also required to report annually on Canadian emissions and national strategies and policies. Action Required Environment Canada is the lead. It must facilitate reduction of emissions by 30 percent by 1993 and report to the UNECE secretariat on emissions. Environment Canada facilitates Canada's annual report to the UNECE secretariat on emissions, monitoring, and national strategies and policies. Activities Canada met the target of 30 percent reduction nationally by 1993 with reduction from 4,634 kt in 1980 to 2,650 kt in 1995. Environment Canada facilitates Canada's annual report to the UNECE secretariat on emissions, monitoring, and national strategies and policies. Evidence of Compliance Canada's annual report to the UNECE secretariat. Compendium of International Environmental Agreements – 2008 123 Contacts Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-6072 Web Site http://www.unece.org/env/lrtap/ Compendium of International Environmental Agreements – 2008 124 UNECE Convention on Environmental Impact Assessment in a Transboundary Context (Espoo Convention) Status Signed 1991 Ratified February 26, 1998 In force internationally September 10, 1997 In force in Canada August 11, 1998 Lead Department Canadian Environmental Assessment Agency Subject Category Environmental cooperation Summary and Commitments Signed under the auspices of the United Nations Economic Commission for Europe (UNECE), this convention seeks to: minimize significant adverse transboundary environmental impacts of certain projects that are likely to cause adverse transboundary impacts; ensure that an environmental assessment is undertaken for those projects; provide to the government and public of an affected country an opportunity to participate in the environmental assessment; and ensure that the results of the environmental assessment are taken into account in the final decision about the project. Parties to the convention are required to notify and consult each other on major projects under consideration that are likely to have significant adverse transboundary effects. The Canada–France Agreement on Transboundary Hydrocarbon Fields, signed May 17, 2005, provides that Canada and France are to conclude an administrative arrangement to assist them to fulfil their obligations under the Espoo Convention in the event of future Compendium of International Environmental Agreements – 2008 125 projects near the Canada–France maritime border around the French islands of St. Pierre et Miquelon. While this agreement has yet to enter into force, the Canadian Environmental Assessment Agency is exploring the possibility of initiating negotiations with France on the administrative arrangement. Supplementary to the Espoo Convention, the Protocol on Strategy Environmental Assessment (the SEA Protocol) was adopted during an Extraordinary Meeting of the Parties on May 21, 2003, in Kiev, Ukraine. Canada is not a party to the SEA Protocol, and the protocol has not yet come into force internationally. Action Required Identify and monitor projects likely to cause adverse transboundary impacts. Activities No action until projects are identified. Evidence of Compliance No projects identified to date. Contact Canadian Environmental Assessment Agency Telephone: (613) 957-0700 Facsimile: (613) 948-1354 Web Site http://www.unece.org/env/eia/eia.htm Compendium of International Environmental Agreements – 2008 126 Protocol on Pollutant Release and Transfer Registers under the UNECE Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus Convention) Status Open for signature May 21–23, 2003, until 31 December 2003, Kiev, Ukraine Canada has not signed Signatories: 37 Parties: 2 Not yet in force Lead Department Environment Canada, Science and Technology Branch; International Affairs Branch Subject Category Chemicals Summary Pollutant release and transfer registers (PRTRs) are inventories that collect and make publicly available information on pollution from industrial sites and other sources. The Protocol on Pollutant Release and Transfer Registers was adopted at an Extraordinary Meeting of the Parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-Making, and Access to Justice in Environmental Matters (Aarhus Convention) on May 21, 2003. The meeting took place in the framework of the fifth "Environment for Europe" Ministerial Conference in Kiev, May 21–23, 2003. Thirty-six states and the European Community signed the protocol in Kiev. Compendium of International Environmental Agreements – 2008 127 The protocol is the first legally binding international instrument on PRTRs. Its objective is "to enhance public access to information through the establishment of coherent, nationwide pollutant release and transfer registers...." Commitments The legal basis in the convention can be found in article 5, paragraph 9, and article 10, paragraph 2. The protocol requires each party to establish a PRTR that - is publicly accessible through the Internet, free of charge - is searchable according to separate parameters (facility, pollutant, location, medium, etc.) - is user-friendly in its structure and provide links to other relevant registers - presents standardized, timely data on a structured, computerized database - covers releases and transfers of at least 86 pollutants covered by the protocol, such as greenhouse gases, acid rain pollutants, ozone-depleting substances, heavy metals, and certain carcinogens, such as dioxins - covers releases and transfers from certain types of major point sources (e.g., thermal power stations, mining and metallurgical industries, chemical plants, waste and wastewater treatment plants, and paper and timber industries) - accommodates available data on releases from diffuse sources (e.g., transport and agriculture) - has limited confidentiality provisions - allows for public participation in its development and modification Just as the convention, the protocol sets minimum requirements, which means that parties are free to include additional pollutants and facilities. The parties to the protocol are also required to work towards convergence between PRTR systems. Action Required Not applicable. Compendium of International Environmental Agreements – 2008 128 Activities Canada participated in negotiations of the protocol to encourage international consistency with Canada’s National Pollutant Release Inventory (NPRI), to encourage international collaboration in the development of effective PRTR regimes, and to reinforce Canada’s cooperative relations with the UNECE. The NPRI, established under the Canadian Environmental Protection Act (CEPA), provides nationwide, publicly accessible information on annual releases to air, water, and land and disposals and recycling from industrial and commercial facilities. The NPRI meets most of the elements of the final protocol (adopted May 2003 in Kiev), and in fact goes beyond the protocol in many cases. For example, NPRI requires reporting on a much greater number of substances and includes industrial sectors such as automobile manufacturing and upstream oil and gas. However, some provisions of the protocol would require significant changes to current pollutant reporting activities. The key areas of divergence are reporting of greenhouse gases, pesticides, and intensive agricultural operations. Evidence of Compliance Not applicable. Canada’s Membership Contribution Not applicable. Contacts Science and Technology Branch, Environment Canada Telephone: (819) 997-5462 International Affairs Branch, Environment Canada Telephone: (819) 994-0989 Facsimile: (819) 953-7025 Compendium of International Environmental Agreements – 2008 129 Web Sites http://www.unece.org/env/welcome.html Canadian Environmental Protection Act, 1999 http://lois.justice.gc.ca/en/C-15.31/ National Pollutant Release Inventory Compendium of International Environmental Agreements – 2008 130 United Nations Framework Convention on Climate Change (UNFCCC) Status Signed June 12, 1992 Ratified December 4, 1992 Entered into force March 21, 1994 Lead Department Environment Canada Subject Category Climate Change Summary The United Nations Framework Convention on Climate Change (UNFCCC) was adopted May 9, 1992, at United Nations Headquarters in New York. The convention was opened for signature in June 1992 at the Rio de Janeiro Earth Summit, where it was signed by 154 countries and the European Community. It entered into force on March 21, 1994, and over 185 states have ratified or acceded, thereby binding themselves to the convention’s terms. The ultimate objective of the convention is to "stabilize greenhouse gas (GHG) concentrations in the atmosphere at a level that would prevent dangerous anthropogenic interference with the climate system." Under the convention, developed countries committed to enact policies and measures with the aim of returning greenhouse gas emissions to 1990 levels by 2000. During a review of the adequacy of the terms of the convention to enable parties to meet its stated objective, it was determined that Annex 1 countries (developed countries), including Canada, were experiencing considerable difficulty in reaching the voluntary 1990 emission stabilization target by 2000. This led to the negotiation of legally binding obligations under the Kyoto Protocol to the UNFCCC at CoP 3 in December 1997. Compendium of International Environmental Agreements – 2008 131 Convention Commitments Parties to the UNFCCC have a number of commitments under the convention, including the following: - submitting a national inventory of emissions and removals of greenhouse gases - implementing national programs to mitigate climate change and adapt to its impacts - strengthening scientific and technical research and systematic observation related to the climate system and promoting the development and diffusion of relevant technologies - promoting education programs and public awareness about climate change and its likely effects - periodically submitting comprehensive national communications (i.e., reports) on activities to implement commitments under the convention Action Required Environment Canada, in consultation with other government departments, is the Government of Canada lead on both international and domestic climate change. These responsibilities include the following: - setting environmental policy - managing climate change science - leading international climate change negotiations and policy development - managing stakeholder outreach and consultations on climate change - analyzing the health and environment benefits of actions to reduce greenhouse gas emissions - preparing annual emissions inventories Contact Climate Change International, Environment Canada Telephone: (819) 953-9483 Web Site Compendium of International Environmental Agreements – 2008 132 None Compendium of International Environmental Agreements – 2008 133 United Nations Framework Convention on Climate Change (UNFCCC) – Kyoto Protocol Status Signed April 29, 1998 Ratified December 17, 2002 Entered into force February 16, 2005 Lead Department Environment Canada Subject Category Climate Change Summary In December 1997 at the third Conference of the Parties (CoP 3) to the United Nations Framework Convention on Climate Change (UNFCCC) in Kyoto, Japan, parties agreed on specific obligations to reduce greenhouse gases emissions as contained in the Kyoto Protocol to the UNFCCC. The Kyoto Protocol commits Annex B countries (developed countries) to reduce their overall greenhouse gas (GHG) emissions by 5 percent annually during the first commitment period from 2008 to 2012. The protocol entered-into-force on February 16, 2005, and has been ratified, accepted, acceded, or approved by 166 parties. Commitments Canada's primary commitment under the Kyoto Protocol is to reduce its GHG emissions to 6 percent below 1990 levels during the first commitment period. Action Required See corresponding section for UNFCCC on previous page. Compendium of International Environmental Agreements – 2008 134 Activities Within the federal government, Environment Canada has the government-wide lead for setting environmental policy; managing climate change science; leading international climate change negotiations at the ministerial level; developing and implementing a national public education and outreach strategy; developing policy for international emissions trading and sinks (articles 4.8 and 4.9); analyzing the health and environment benefits of actions to reduce GHG emissions; preparing annual emissions inventories; and developing and implementing the federal communications strategy in cooperation with appropriate departments. Environment Canada also has a major supporting role on climate change technology development and deployment. More generally, Environment Canada is one of the core departments responsible for developing the federal government's position on all aspects of climate change. Because climate change is a global problem that requires a global solution, Environment Canada is also fully committed to advancing the international effort to address climate change. It has played a key role in climate change policy development since the inception of negotiations on climate change under the UNFCCC and the Kyoto Protocol. Environment Canada provides leadership in the development and integration of Canada's national monitoring networks as part of its continuing commitment to the Global Climate Observing System. Ongoing work in climate analysis has helped track the state of the climate in Canada. One source of this information for Canadians is the Climate Trends and Variability Bulletin, an Internet-based product issued quarterly (http://www.msc- smc.ec.gc.ca/ccrm/bulletin/). Among the key areas of investigation in climate processes are those pertaining to the water and energy cycle. As part of the Mackenzie Basin Global Energy and Water Cycle Experiment (Mackenzie GEWEX), Environment Canada scientists and their colleagues have determined how much water originates outside the basin and how much is recycled within the basin in warm and cold seasons. Global climate model development is conducted in conjunction with Compendium of International Environmental Agreements – 2008 135 other federal departments, with recent work focusing on incorporation of the ocean carbon cycle into the global model. Regional model development is done in collaboration with the university community. The supercomputer resources required to run these models are housed within Environment Canada. Canadian expertise in climate modelling is highly respected worldwide. With respect to the study of biophysical impacts, in northern and western Canada, Environment Canada researchers have examined climate impacts on extreme events such as floods and low flows, particularly as they affect transboundary waters. Environment Canada operates a national Climate Scenarios Network, which provides scenarios for impacts and adaptation research and training in their use. In addition to coordination of the Canadian involvement in the activities of the Intergovernmental Panel on Climate Change and in the Arctic Climate Impact Assessment, there is also ongoing science assessment work within Environment Canada. Evidence of Compliance Canada has ratified the Kyoto Protocol and has prepared its Fourth National Communication, Demonstrable Progress Report and Initial Report and annually submits a report on its emissions inventories. Under the Kyoto Protocol, each developed country party must demonstrate progress in achieving its commitments. However, parties' compliance to their commitments under the Kyoto Protocol will be assessed in relation to emissions during the first commitment period, from 2008 to 2012. Contact Climate Change International, Environment Canada Telephone: (819) 953-9483 Web Site http://unfccc.int Compendium of International Environmental Agreements – 2008 136 Compendium of International Environmental Agreements – 2008 137 United Nations Convention on the Law of the Sea (UNCLOS) Status Signed and open for signature December 10, 1982 Entered into force internationally November 16, 1994 Ratified by Canada November 7, 2003 In force for Canada December 7, 2003 Agreement relating to the implementation of Part XI of the convention (Deep Seabed Mining) In force July 28, 1996, with 123 parties; Canada ratified November 7, 2003 Agreement for the implementation of the provisions of the convention relating to the conservation and management of straddling fish stocks and highly migratory fish stocks (UN Fish Stocks Agreement [UNFSA]) In force December 11, 2001, with 60 parties; Canada ratified August 3, 1999) Lead Department Foreign Affairs and International Trade Canada (DFAIT) is the lead, supported by Environment Canada, Fisheries and Oceans Canada (DFO), Transport Canada, and Natural Resources Canada (NRCan). Subject Category Oceans Summary The 1982 United Nations Convention on the Law of the Sea (UNCLOS) sets out the legal framework within which all activities in the oceans and seas must be carried out. The convention governs many aspects of oceans affairs, from navigation and fisheries to scientific Compendium of International Environmental Agreements – 2008 138 research and the rights of coastal states to explore, exploit, conserve, and manage resources within 200 miles of their shores. Most of UNCLOS is now considered to be customary international law, applicable to all states. The convention’s success lies in balancing the rights of coastal states over resources with the demands of maritime states for freedoms on the high seas, particularly navigation for military and shipping purposes. Commitments The convention is often described as the “constitution of the oceans,” and it sets out the principles and norms for the conduct of relations among states on maritime issues. More specifically, the convention - establishes 12 nautical miles as the breadth of the territorial sea with a right of innocent passage through these waters - provides coastal states with the right to prevent, reduce, and control marine pollution from vessels in ice-covered areas within the limits of the exclusive economic zone. - secures for coastal states resource jurisdiction in a 200-nautical-mile exclusive economic zone - provides for establishment of the outer limits of the continental shelf - guarantees access to and from the sea for land-locked states - provides for a regime for archipelagic states - establishes a regime for the development of the mineral resources of the deep seabed - sets out rules for the conduct of marine scientific research - imposes duties on all states to ensure, through proper conservation and management measures, the long-term sustainability of fish resources - contains comprehensive rules for the protection and preservation of the marine environment and imposes duties on states to protect the oceans from all sources of pollution - promotes the peaceful settlement of disputes relating to the oceans by establishing mechanisms and compulsory procedures for the settlement of disputes arising from the interpretation and application of the provisions of the convention. Compendium of International Environmental Agreements – 2008 139 Action Required Certain provisions of the Oceans Act were drafted to implement UNCLOS. The act asserts Canada’s territorial sea, contiguous zone, and exclusive economic zone. Activities Canada participates in the work of the International Seabed Authority (ISA), an organization created under UNCLOS to administer the mineral resources of the international seabed area. Canada is a member of the assembly, one of the governing bodies of the ISA, and sits on the council, a decision-making body within the ISA. Canada supports the work of the Commission on the Limits of the Continental Shelf (CLCS), a body mandated to facilitate the implementation of UNCLOS in respect of the establishment of the outer limits of the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea is measured. Canada is currently in the process of delineating the outer edge of its continental shelf, which must be completed by 2013 (10 years after Canada’s ratification of UNCLOS). Canada participates actively in the annual meeting of states parties to UNCLOS and in 2005 voted in the election of judges to the International Tribunal for the Law of the Sea (ITLOS).] In keeping with its commitments under the UN Fish Stocks Agreement, Canada ratified the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific (WCPFC) (December 5, 2005). As a founding member of the North Atlantic Fisheries Organization (NAFO) (1979), Canada is also promoting reforms in the organization based on the UN Fish Stocks Agreement. Environment Canada’s Environmental Stewardship Branch and enforcement offices provide environmental advice to DFAIT and to DFO. These departments participate in the annual Compendium of International Environmental Agreements – 2008 140 meeting of the United Nations Open-ended Informal Consultative Process on Oceans and the Law of the Sea (UNICPOLOS or ICP). Under recent initiatives, Canada actively participated in an ad hoc open-ended informal working group to study issues relating to the conservation and sustainable use of marine biological diversity beyond areas of national jurisdiction, which was established by the United Nations General Assembly in 2005. The working group met in February 2006 and produced a report that is available on the UN Web site. A summary of trends, as well as a list of studies that would facilitate understanding of issues relating to the conservation and sustainable use of marine biodiversity, was prepared by the co-chairpersons. Evidence of Compliance UNCLOS requires states to join more specific global conventions on air and water pollution prevention, safety, navigation, shipping, and land-based activities. Environment Canada implements the Canadian Environmental Protection Act (CEPA), which partially fulfills the requirements for domestic legislation for clean air, disposal at sea, and land-based activities. Canada’s Membership Contribution Canada makes yearly contributions to ITLOS, CLCS, and ISA. DFAIT pays these contributions based on assessments determined by the United Nations. Contacts Oceans and Environmental Law Division, Foreign Affairs and International Trade Canada Telephone: (613) 996-6287 Facsimile: (613) 992-6483 Marine Environmental Protection, Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-4341 Compendium of International Environmental Agreements – 2008 141 Facsimile: (819) 953-0913 Web Site http://www.un.org/Depts/los/convention_agreements/convention_overview_convention.ht m Compendium of International Environmental Agreements – 2008 142 United Nations Convention to Combat Desertification Status Founded: Adopted in 1994 and entered into force in December 1996 Canada Member Since: 1994 (signed), 1995 (ratified) Lead Department Canadian International Development Agency (CIDA) Subject Category Climate Change Summary Adopted as a UN Convention in 1994, the United Nations Convention to Combat Desertification (UNCCD) is the sole internationally recognized, legally binding instrument that addresses the global problem of land degradation in dryland rural areas. With an international membership of 192 Parties, the Convention aims to promote effective actions to mitigate and reverse land degradation through innovative national and local programmes and supportive international partnerships. Desertification is defined under the UNCCD as the degradation of land in arid, semi-arid and dry sub-humid areas resulting from various factors, including climatic variations and human activities. Commitments Canada has been a supporter of the UNCCD since its inception in 1995 and recognizes that land degradation, particularly in sub-Saharan Africa, contributes directly to food insecurity, famine, migration, conflict and poverty. Canada plays a dual role in the implementation of the Convention, both as an affected country (i.e. the arid regions of Western Canada) and, more significantly, as a donor country assisting the developing world in trying to meet the objectives of the Convention. Domestic issues related to land degradation and Canada's status as an Compendium of International Environmental Agreements – 2008 143 affected country party to the Convention fall under the federal mandate of Agriculture and Agri-food Canada’s Prairie Farm Rehabilitation Administration (PFRA). Action Required Developed country Parties to the UNCCD have a number of commitments identified under the Convention. Core among these are to: - implement their obligations under this Convention, individually or jointly, either through existing or prospective bilateral and multilateral arrangements or a combination thereof, as appropriate, emphasizing the need to coordinate efforts and develop a coherent long-term strategy at all levels; - promote the use of existing bilateral and multilateral financial mechanisms and arrangements that mobilize and channel substantial financial resources to affected developing country Parties in combating desertification and mitigating the effects of drought; - actively support, as agreed, individually or jointly, the efforts of affected developing country Parties, particularly those in Africa, and the least developed countries, to combat desertification and mitigate the effects of drought; - provide substantial financial resources and other forms of support to assist affected developing country Parties, particularly those in Africa, effectively to develop and implement their own long-term plans and strategies to combat desertification and mitigate the effects of drought; - encourage the mobilization of funding from the private sector and other nongovernmental sources; and, - promote and facilitate access by affected country Parties, particularly affected developing country Parties, to appropriate technology, knowledge and know-how. Activities CIDA, as the federal department responsible for administering overseas development assistance and as the national focal point for international land degradation/desertification, leads the Government of Canada’s collaborative efforts under the UNCCD. CIDA works with Compendium of International Environmental Agreements – 2008 144 other government departments, in particular Agriculture and Agri-Food Canada, Environment Canada, Natural Resources Canada, as well as the International Development Research Centre on a variety of international projects that address land degradation and desertification. CIDA’s collaborative efforts also extend to a number of Canadian partners from the private sector, academic institutions and non-governmental organizations, and to select multilateral partners such as the United Nations Development Program (UNDP). Canada recently served as a member of the Conference of Parties (COP) Bureau, a key decision-making body under the Convention. Specific responsibilities include: - setting desertification and land degradation policy; - leading international desertification negotiations and policy development; - managing stakeholder outreach and consultations on desertification; - managing bilateral and multilateral projects and programs to combat desertification; - analyzing the economic and environment benefits of actions to combat desertification; and, - preparing national reports on Canada’s activities, both domestically and internationally, to combat desertification and land degradation. Evidence of Compliance - annual core contribution from Canada to the UNCCD Secretariat based on UN assessment; - Canada’s active participation in the Conference of Parties (COP) sessions and meetings of the Committee for the Review of the Implementation of the Convention (CRIC) under the UNCCD; - funding for sustainable land management programs and projects, both bilateral and multilateral, to combat desertification in Africa and other regions; and - submission of national reports to the UNCCD on Canada’s activities to combat desertification in Canada, Africa and others regions of the world. Compendium of International Environmental Agreements – 2008 145 Contact(s) Canadian National Focal Point to the UNCCD Environment Division Strategic Policy and Performance Branch Canadian International development Agency Telephone: (819) 953-2216 UNITED NATIONS Convention to Combat Desertification (UNCCD) UNCCD Secretariat P.O. Box 260129 D-53153 Bonn, Germany Web Site(s) United Nations Convention to Combat Desertification http://unccd.int Canada’s national reports to the UNCCD http://www.acdi-cida.gc.ca/CIDAWEB/acdicida.nsf/En/JUD-121165318-TNZ Compendium of International Environmental Agreements – 2008 146 Vienna Convention for the Protection of the Ozone Layer Status Signed March 22, 1985 Ratified June 4, 1986 In force in Canada September 22, 1988 In force internationally September 22, 1988 Lead Department Environment Canada Subject Category Chemicals Summary The purpose of the Vienna Convention is to establish a framework for cooperation, development of policies, and formulation of agreed measures in order to protect human health and the environment against adverse effects resulting or likely to result from human activities that modify or are likely to modify the ozone layer (art. 2[1][2]). Specific obligations relating to the control and elimination of ozone-depleting substances are contained in the Montreal Protocol on Substances that Deplete the Ozone Layer. Commitments Canada is required to take appropriate measures to protect human health and the environment against adverse effects resulting from human activities that modify, or are likely to modify, the ozone layer Compendium of International Environmental Agreements – 2008 147 initiate and cooperate with other parties in the conduct of research and scientific assessments facilitate and encourage the exchange of scientific, technical, socio-economic, commercial, and legal information relevant to the convention cooperate with other parties in promoting the development and transfer of technology and knowledge transmit to the Conference of the Parties (CoP) information on the measures adopted by them in the implementation of the convention and protocol. Action Required Environment Canada is the lead department and is responsible for implementing the commitments of the Vienna Convention. Activities Environment Canada regularly undertakes the monitoring of stratospheric ozone levels and ultraviolet radiation. Environment Canada actively supports the expansion of the Global Ozone Observation System to the tropics and southern hemisphere, notably by participating in network meetings of the Latin American and Caribbean region and making presentations on UV-B radiation and its implications on human health and the environment. Obligations pertaining to the non-scientific aspects of the Vienna Convention are being met by the implementation of the Montreal Protocol on Substances that Deplete the Ozone Layer. Evidence of Compliance The activities undertaken by Environment Canada mentioned above and in support of the Montreal Protocol demonstrate compliance to the Vienna Convention. Contact Transboundary Air, Environmental Stewardship Branch, Environment Canada Telephone: (819) 953-1143 Facsimile: (819) 953-8963 Compendium of International Environmental Agreements – 2008 148 Web Sites http://www.unep.org/ozone/vienna.htm http://www.unep.org/ozone/montreal.htm Compendium of International Environmental Agreements – 2008 149 Vienna Convention for the Protection of the Ozone Layer – Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol) Status Signed September 16, 1987 Ratified June 30, 1988 In force in Canada January 1, 1989 In force internationally January 1, 1989 London Amendment Accepted July 5, 1990 Copenhagen Amendments Signed November 22, 1992 Ratified March 16, 1994 In force June 14, 1994 Montreal Amendments Signed September 25, 1995 Ratified March 27, 1998 In force November 10, 1999 Beijing Amendments Accepted February 9, 2001 In force February 25, 2002 Lead Department Environment Canada is the lead and is advised by Foreign Affairs and International Trade Canada (DFAIT) as well as Agriculture and Agri-Food Canada, Industry Canada, Health Compendium of International Environmental Agreements – 2008 150 Canada, the Canadian International Development Agency (CIDA); the Pest Management Regulatory Agency, and the Canadian Food Inspection Agency on certain issues. Subject Category Chemicals Summary The objective of the Montreal Protocol is to prescribe precautionary measures in order to equitably control and eventually eliminate total global emissions of ozone-depleting substances. To this end, parties must gradually phase out the production and consumption of ozone-depleting substances as well as reduce and eliminate trade in these substances. Commitments Parties are required to reduce or eliminate their production and consumption of ozonedepleting substances identified in the protocol. (Consumption is defined as production plus imports minus exports of controlled substances.) The phase-out schedule for developed countries is as follows (subject to essential use authorizations): - halons: 100 percent elimination by January 1, 1994 - chlorofluorocarbons (CFCs), HBFCs, methyl chloroform, carbon tetrachloride: 100 percent elimination by January 1, 1996 - hydrochlorofluorocarbons (HCFCs): freeze consumption by January 1, 1996; freeze production by 2004; 100 percent elimination by January 1, 2020 - methyl bromide: freeze consumption by January 1, 1995; 100 percent elimination by January 1, 2005 and report on annual consumption - bromochloromethane: ban on production and consumption from January 1, 2002. Developing countries have, on average, a 10- to 15-year grace period to meet these targets. Compendium of International Environmental Agreements – 2008 151 Additionally, Canada is committed to providing annual contributions to the Montreal Protocol’s Multilateral Fund which has the objective of assisting developing countries in phasing out their consumption of ozone-depleting substances. Action Required Environment Canada is required to: - ensure that all control measures regarding ozone-depleting substances are put into place - regulate the manufacture, import and export of ozone-depleting substances and certain products - compile an annual report to the United Nations Environment Programme (UNEP) Ozone Secretariat - contribute to the Multilateral Fund for the Implementation of the Montreal Protocol (EC contributes 20 percent of the Government of Canada's contribution to the Multilateral Fund, while CIDA contributes the remaining 80 percent.) Activities Environment Canada regulates the manufacture, import and export, and use of ozonedepleting substances under the Ozone-depleting Substance Regulations 1998 promulgated under the Canadian Environmental Protection Act (CEPA). Amendments to these regulations are made, as required, to reflect further reduction and revised phase-out schedules adopted by the parties to the Montreal Protocol. Environment Canada also regulates the emission of ozone-depleting substances on federal land under the Federal Halocarbon Regulations, 2003. Environment Canada has developed two Environmental Codes of Practice for both the private and public sectors, recommending practices for pollution prevention, emission reduction, environmental management and preventative maintenance, alternatives, and the phase-out of ozone-depleting substances use from existing systems and equipment. Compendium of International Environmental Agreements – 2008 152 Environment Canada coordinates the activities of the Federal–Provincial Working Group on Ozone-Depleting Substances and their Halocarbon Alternatives to implement Canada's National Action Plan for the Environmental Control of Ozone-Depleting Substances and their Halocarbon Alternatives. Environment Canada compiles an annual report for each class of ozone-depleting substances. UNEP receives the reporting information for Canada and all countries that are signatories to the Montreal Protocol. Environment Canada contributes 20 percent of the Canadian contribution to the Montreal Protocol Multilateral Fund. For the period 2006-2008, Canada’s total annual assessed contribution to the Multilateral Fund is approximately CDN$ 6 million, of which Environment Canada contributes CDN$ 1.2 million. Evidence of Compliance Canada's annual report under the protocol demonstrates that it is in compliance with all control and trade provisions. Statistical data on production and consumption of ozonedepleting substances indicate that Canada is in full compliance with the phase-out schedules prescribed by the protocol. Canada’s membership contribution Parties contribute to the Protocol's trust fund for the functioning of the Protocol's secretariat (based on the UN scale of assessment). Canada’s contribution is paid by DFAIT. Industrialized countries also contribute to the Protocol's multilateral fund to assist developing countries in meeting their commitments under the Protocol. (EC contributes 20 percent of the Government of Canada's contribution, while CIDA contributes the remaining 80 percent.) Contacts Chemical Management, Environmental Stewardship Branch, Environment Canada Telephone: (819) 934-3545 Compendium of International Environmental Agreements – 2008 153 Facsimile: (819) 994-0007 Montreal Protocol Bilateral Program, International Affairs Branch, Environment Canada Telephone: (819) 997-2768 Facsimile: (819) 953-7025 Web Site http://www.unep.org/ozone/ Compendium of International Environmental Agreements – 2008 154 CANADA/US AGREEMENTS Compendium of International Environmental Agreements – 2008 155 Agreement between the Government of Canada and the Government of the United States on Air Quality Status Signed March 13, 1991 In force internationally March 13, 1991 In force for Canada March 13, 1991 Amendments to the agreement and addition of Annex III, Ozone Annex, in force internationally December 7, 2000, and in force for Canada December 7, 2000 Lead Department Environment Canada Subject Category Air Summary The agreement seeks to control and reduce transboundary air pollution between Canada and the United States and includes commitments on notification of potential new sources of transboundary pollution, on consultation on existing sources of possible transboundary pollution, and on biennial progress reports. Annex I, the Acid Rain Annex, contains specific objectives to reduce emissions of sulphur dioxide (SO2) and nitrogen oxides (NOx), the precursors to acid rain. Annex II, contains guidelines concerning scientific and technical activities, economic research, and the exchange of information. Annex III, the Ozone Annex, contains commitments to control and reduce emissions of nitrogen oxides (NOx) and volatile organic compounds (VOCs), the precursors to ground-level ozone, a major component of smog. The purpose of Annex III is to achieve the ozone air quality standards in both Canada and the United States. All three annexes are an integral part of the agreement. Compendium of International Environmental Agreements – 2008 156 Commitments Canada is required to control its emissions that contribute to transboundary air pollution between the two countries and is further required to implement specific emissions limitations or reductions of air pollutants through programs and other measures. Annex I: Sulphur Dioxide and Nitrogen Oxides: - by 1994, reduction of annual sulphur dioxide (SO2) emissions in seven easternmost provinces to 2.3 million tonnes - by 2000, permanent national emissions cap of 3.2 million tonnes per year of sulphur dioxide - by 2000, reduction in annual stationary source nitrogen oxides emissions of 100,000 tonnes below the year 2000 forecast level of 970,000 tonnes - by 1995, develop further annual nitrogen oxide (NOx) emission reduction requirements from stationary sources to be achieved by 2000 and/or 2005 Mobile Sources: - implement a more stringent NOx control program Compliance Monitoring: - by 1995, investigate feasibility of using continuous emissions monitoring (CEMS) and estimate emissions of NOx and SO2 from new electric utility units and existing electric utility units greater than 25 MWe (megawatts electrical) using methodologies like CEMS - work toward comparable effective methods of emission estimation for SO2 and NOx emissions from all major industrial boilers and process sources, including smelters Prevention of Significant Deterioration (PSD)/Visibility: Compendium of International Environmental Agreements – 2008 157 - develop and implement a means for achieving levels of PSD/Visibility protection comparable to those in the United States with respect to sources that could cause significant transboundary air pollution Annex III: With the long-term purpose of achieving the Canada-wide Standard for Ozone in Canada and the National Ambient Air Quality Standard for Ozone in the United States, Canada and the United States committed to reduce their emissions in their Pollutant Emission Management Areas (PEMAs) in order to reduce transboundary flows contributing to ozone formation. - The PEMA is the area defined in each country to which the Ozone Annex obligations apply. The area defined for Canada is central and southern Ontario and southern Quebec; in the United States, the area includes 18 states and the District of Columbia located within 500 km of the border with eastern Canada. Reductions of emissions of NOx and volatile organic compounds (VOCs) in these areas will reduce transboundary flows of ozone. Vehicles and Fuels - stringent emission reduction standards regulated to align with the United States to reduce NOx and VOCs from vehicles (including cars, vans, light-duty trucks, and offroad vehicles), small engines, diesel engines, and fuels. Stationary Sources of NOx and VOC Emissions - by 2007, annual caps of 39 kilotonnes (kt) of nitrogen dioxide (NO2) emissions from fossil-fuel power plants in central and southern Ontario and 5 kt of NOx in southern Quebec aligned with US standards year-round - measures required to attain the Canada-wide standard for ozone to address NOx emissions from key industrial sectors and to address VOC emissions from solvents, paints, and consumer products. Compendium of International Environmental Agreements – 2008 158 Ontario and Quebec Specific Measures - measures to reduce emissions of NOx and VOCs. Reporting - beginning in 2004, annual and ozone season emissions of NOx and VOCs for the PEMA - beginning in 2002, ambient ozone, NOx and VOC concentrations, and 10-year trends within 500 km of the Canada-US border. Revisiting - in 2004, assess progress in implementing the annex with a view to negotiating further reductions - at the request of either party discuss the possibility of amending the annex to designate additional PEMAs or to revise annex commitments. In addition, Annex II sets out scientific and technical cooperation for Canada and the United States: - conduct air pollutant monitoring activities - harmonize methods for emissions inventories, trends, and projections - cooperate and exchange information on scientific and technical activities and economic research - provide public access to the databases containing the emissions and monitoring data reported or shared under the agreement - explore with the United States, analysis and experience with market-based mechanisms including emissions trading - consult and share respective information on data, tools, and methodologies and develop joint analyses including those designed to track health and the environmental responses to controls; facility-specific emissions data and related information required for modeling and regulatory policy development; evaluation of transboundary transport; evaluation of the adequacy of monitoring networks; and review of new Compendium of International Environmental Agreements – 2008 159 technologies and analyses of options for reductions from significant emitting source categories. Action Required As the lead, EC must - facilitate emissions limitations/reductions - conduct emissions reporting and air quality monitoring activities - effect information exchanges - prepare and provide reviews and reports on progress Activities Environment Canada has facilitated the following: - Sulphur dioxide: In 2004, Canada’s SO2 emissions were 28 percent below the national cap of 3.2 million tonnes. As of 2003, SO2 emissions in the seven easternmost provinces were 29 percent below the eastern Canada cap of 2.3 million tonnes. - Nitrogen oxides: Canada has surpassed its NOx emission reduction target at power plants, major combustion sources, and metal smelting operations by 100,000 tonnes below the forecast level of 970,000 tonnes, and is continuing to develop programs to further reduce NOx emissions nationwide as part of its obligations in the Ozone Annex. - Compliance monitoring: Canada has met the obligations in the agreement with respect to new and existing electrical utility units and other major stationary sources. - Prevention of significant deterioration (PSD)/visibility: The Canada-wide Standards for Particulate Matter and Ozone contain Continuous Improvement (CI) and Keeping Clean Areas Clean (KCAC) provisions to prevent the deterioration of air quality and address pollutants involved in visibility impairment. A national guidance document on CI/KCAC is being developed to assist Canadian jurisdictions in developing their implementation plans to meet the Canada-wide standards by 2010. Compendium of International Environmental Agreements – 2008 160 - Cooperation and harmonization continue to occur with the United States with respect to monitoring, emissions inventories, and exchange of information. - Notification processes are being perfected in both Canada and the United States. - Vehicles and fuels: Canada has aligned its new vehicle and fuels standards with those in the United States. - NOx emissions from large fossil fuel–fired power plants in Ontario were almost 50 percent below 1990 levels by 2004. - Ontario and Quebec specific measures: Both Ontario and Quebec are on track to meet all of their commitments for the PEMA region. - Reporting: Canada began reporting industrial emissions of NOx and VOCs annually in 2003 and has reported with the United States the ambient concentrations of ozone, NOx, and VOCs, and 10-year trends within 500 km of the Canada–US border since 2002. - Revisiting: In June 2004, Canada and the United States assessed progress on implementing the Ozone Annex and concluded that both countries were on track to implementing their specific obligations under the annex. - An exploration of emissions trading with the United States is under way. A study on the feasibility of developing a cross-border cap and trading for SO2 and NOx emissions was completed in July 2005. The study concluded that a cross-border emissions cap and trade program could be feasible if certain critical program elements were implemented, including emission caps for the electricity sector in Canada. - The Georgia Basin–Puget Sound in British Columbia and Washington State have completed a joint review of air quality in their transboundary airshed and completed a report in July 2005 on maintaining air quality in their region. - A Great Lakes Basin Airshed Management framework pilot project was completed in autumn 2005 for the Windsor-Detroit-Port Huron-Sarnia region. - Progress reports are being completed and delivered to the public every two years. - Comprehensive review reports of the agreement are being completed every five years and delivered to the public. - Annual meetings are being held to implement the agreement. Compendium of International Environmental Agreements – 2008 161 Evidence of Compliance Canada’s progress and comprehensive review reports. Contact Air Emissions Priorities, Environmental Stewardship Branch, Environment Canada Telephone: (819) 994-3655 Facsimile: (819) 953-8963 Web Sites http://www.ec.gc.ca/cleanair-airpur/Pollution_Issues/Transboundary_Air-WS587B56F81_En.htm Compendium of International Environmental Agreements – 2008 162 Agreement between the Government of Canada and the Government of the United States concerning the Transboundary Movement of Hazardous Waste Status Signed October 28, 1986 Entered into force November 8, 1986 The agreement renews itself every five years unless one of the Parties gives written notice of termination. An amendment to the agreement came into force November 25, 1992, to ensure consistency with Annex II of the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and their Disposal (Basel Convention) with the inclusion of “other wastes.” The Canada–USA agreement is recognized as an Article 11 bilateral agreement under the Basel Convention, which allows the continued movement between the two countries of hazardous waste, hazardous recyclable material, and other wastes, since the United States has not ratified the Basel Convention. Lead Department Environment Canada, assisted by Health Canada, Industry Canada, Natural Resources Canada, Canada Border Services Agency, Transport Canada, and Foreign Affairs and International Trade Canada. Subject Category Waste Summary The agreement is intended to ensure that movements of hazardous wastes, including hazardous recyclable materials, and municipal solid waste destined for final disposal crossing Compendium of International Environmental Agreements – 2008 163 the Canada–United States boundary are conducted so as to reduce the risks to human health and the environment. The agreement is based on the same principles as the Basel Convention, while recognizing the proximity principle. The Basel Convention‘s key objectives are to - minimize the generation of hazardous wastes - ensure they are disposed in an environmentally sound manner and as close to the source of generation as possible - reduce the international movement of hazardous wastes Commitments The agreement requires Canada to - cooperate to ensure, to the extent possible, that all transboundary shipments of hazardous wastes and other waste comply with the tracking requirements of both countries - cooperate in monitoring and spot-checking transboundary shipments of hazardous wastes and other waste - notify the United States Environmental Protection Agency (US EPA) of proposed transboundary shipments of hazardous wastes and other waste - immediately transmit in writing an acknowledgement of receipt (AOR) to export notices received from the US EPA; - respond, indicating its consent or its objection to the export, within 30 days after transmitting the AOR to notices from the US EPA, of proposed shipments of hazardous wastes or other waste, otherwise the United States will consider that there is no objection to the export described in the notice and the export may take place - permit the export, import, and transit of hazardous wastes and other waste across the Canada–United States border for treatment, storage, recycling, or disposal pursuant to terms of Canadian or American laws, regulations, and administrative practices and the terms of this Agreement Compendium of International Environmental Agreements – 2008 164 - re-admit shipments of hazardous wastes and other waste returned by the country of import or transit - notify the US EPA of any Canadian shipments transiting through the territory of the United States, i.e., Canada-to-Canada movements through the United States. Action Required Compliance with the agreement requires: - legislation and regulations to implement the classification, import/export controls, and tracking requirements, and environmentally sound management; - administrative procedures to administer and enforce the import/export regime - support for technical and policy cooperation initiatives including an annual bilateral meeting Activities The Canadian Environmental Protection Act (CEPA 1999) and Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations (2005) provide the legal authority to implement the 1986 agreement. The federal Transportation of Dangerous Goods Act and Regulations is used to assist in the implementation of the prescribed hazards classification scheme for wastes and recyclable materials that are hazardous. Environment Canada's Waste Reduction and Management Division administers the CEPA 1999 waste provisions and regulations and coordinates the reporting requirements and various technical and policy cooperation initiatives. Enforcement is performed by headquarters and regional enforcement officials, in collaboration with Canada Border Services Agency, the Royal Canadian Mounted Police, the provinces, and foreign officials. CEPA 1999 provides the legal authority to apply the export/import requirements to nonhazardous waste destined for final disposal, as required by the 1992 amendments to the Compendium of International Environmental Agreements – 2008 165 agreement. Environment Canada is developing regulatory provisions for the export, import, and transit of non-hazardous waste destined for final disposal, taking into consideration comments received during public consultations in 2006. It is anticipated that the proposed regulatory provisions will be published in the Canada Gazette, Part I at the end of 2008. Stakeholders will have an additional opportunity to comment on the proposed regulatory provisions at that time. Evidence of Compliance Environment Canada has modernized the federal regulatory framework related to the international movements of hazardous waste and hazardous recyclable material and is developing a regulatory framework for the international movement of non hazardous waste. Information related to transboundary movement data of hazardous waste and hazardous recyclable material can be found on the Waste Reduction and Management Division Web site (http://www.ec.gc.ca/wmd-dgd). Contact A copy of the agreement can be obtained from Waste Reduction and Management Division, Environment Canada, Telephone (819) 997-3377. Web Sites The text of the agreement and 1992 Amendment can be found via Internet at http://www.ec.gc.ca/wmd-dgd/default.asp?lang=En&n=E31AE77A-1 Information and user guides on the Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations can be found at http://www.ec.gc.ca/wmd- dgd/default.asp?lang=En&n=C55741FD-1#one Compendium of International Environmental Agreements – 2008 166 Agreement between the Government of Canada and the Government of the United States on the Conservation of the Porcupine Caribou Herd Status In effect 1987 Lead Department Environment Canada Subject Category Biodiversity Summary The International Porcupine Caribou Agreement provides for the coordinated conservation of the Porcupine caribou herd between Canada and the United States. Commitments Canada is co-chair of the International Porcupine Caribou Board (IPCB). Duties include the following: - organize and attend meetings - facilitate the appointment of Canadian members to the board - carry out the activities set out in the agreement (see actions required) Action Required - To advise on and recommend programs for monitoring herd status. - To advise on and recommend actions for the collecting and sharing of harvest data. - To advise on and recommend overall harvest and harvest limits for each country. Compendium of International Environmental Agreements – 2008 167 - To advise on and recommend actions for monitoring and conserving the habitat of the herd. - To identify, advise on and recommend actions to conserve sensitive habitats for the Porcupine caribou herd. - To advise on and recommend ways of ensuring opportunities for customary and traditional uses of the herd. - To advise on and recommend ways to enable user participation in the international coordination of Porcupine caribou conservation. - To advise on and recommend ways to encourage, and to facilitate, communication among governments, users and others. Activities - The meeting rotates between Alaska and Canada. The last meeting was in Fairbanks in April 2000. It is up to Canada to call the next meeting. - The IPCB approved an international conservation plan in 1995. The Yukon government took the lead on developing and drafting the plan. - The IPCB approved a report on the sensitive habitats of the Porcupine caribou herd in 1993. Environment Canada took the lead on drafting the report. - The IPCB was co-sponsor of a workshop on harvest reporting for the Porcupine herd. As a follow-up, user representatives on the board agreed to form a sub-committee to recommend a protocol for monitoring the harvest between the two countries. Lead on the workshop was Environment Canada. - The IPCB formally recognized a Porcupine Caribou Technical Committee (PCTC), made up of representatives of management agencies and University of Alaska researchers. The committee has been meeting informally since 1978. The first task of the PCTC was to produce a report on sensitive habitats. - The IPCB does not formally coordinate research, but does provide a forum to discuss and report on current research and monitoring activities within the range of the herd. - The IPCB has produced five “annual” reports since its inception. The last report was produced in 1998. Compendium of International Environmental Agreements – 2008 168 - Each country agreed to table a consultation plan for its respective country. Canada tabled a plan in 1998 (lead Porcupine Caribou Management Board). The United States has not tabled their plan to date. Evidence of Compliance International Porcupine Caribou Board annual reports Contact Pacific and Yukon Canadian Wildlife Service, Environment Canada Telephone: (867) 667-3929 Web Site None Compendium of International Environmental Agreements – 2008 169 Agreement between the Canada and the United States for Water Supply and Flood Control in the Souris River Basin Status Signed and effective October 26, 1989 Apportionment provisions amended in 1995 due to a dispute over interpretation of the original apportionment provisions of the Agreement. Apportionment provisions are administered by the International Joint Commission (IJC) through the International Souris River Board Lead Department Foreign Affairs and International Trade Canada Subject Category Freshwater Commitments The agreement provides for the construction, maintenance, and operation of the Rafferty and Alameda dams and other works by Canada in the Souris River basin in Saskatchewan for the purposes of water supply in Canada and flood control in the United States. The agreement also established the Water Quality Monitoring Group, which administers a joint water quality program. In 2005, diplomatic notes were exchanged between Canada and the United States that established an amendment to the 1989 agreement that moved the duties of the Water Quality Monitoring Group to the IJC. Compendium of International Environmental Agreements – 2008 170 All operational responsibilities under the agreement related to construction, maintenance, and operation of the dams were transferred to the province of Saskatchewan under a memorandum of understanding. In 2006, the International Souris River Board was reconstituted with a new order with responsibilities for water quality. The responsibilities for a water quality program under the agreement were moved to the new IJC board. Action Required Foreign Affairs and International Trade Canada (DFAIT) is the lead. Environment Canada must support the International Souris River Board. The International Souris River Board has the lead responsibility for the apportionment of the waters of the Souris River basin and the implementation of a water quality program formally administered under the Canada–US agreement. The new board has six members from Canada (Environment Canada and the provinces of Saskatchewan and Manitoba), and six US members. Environment Canada provides the Canadian co-chair for the board and one other member. In its support role to the board, Environment Canada − provides water quantity and quality monitoring of the Souris River in the Saskatchewan and Manitoba portions of the basin as well as at the boundary crossings − provides meteorological information for use in apportionment calculations − calculates the apportionment of the water Activities Compendium of International Environmental Agreements – 2008 171 Environment Canada provides annual water quantity and quality monitoring data to the IJC board and calculates annual natural flows in Saskatchewan to allow determination of the apportionment of the river. Environment Canada operates a water quality monitoring station at the Manitoba/North Dakota border and provides data to the IJC board. Environment Canada sends up to five staff to attend each IJC board meeting, which occurs twice each year. Two staff are members of the board and the others report on monitoring and natural flow calculations and provide secretarial support to the board. Evidence of Compliance The International Souris River Board produces an annual report to the IJC summarizing how apportionment was met and will, after 2006, discuss water quality monitoring results in consideration of water quality objectives at the border. When significant floods occur, the US Army Corps of Engineers produces a report on the operations that transpired and documents that its operations were in accordance with the agreed operating plan under the agreement. Contacts Transboundary Waters Unit, Prairie and Northern Region, Environment Canada Telephone: (306) 780-7004 Facsimile: (306) 780-6810 Foreign Affairs and International Trade Canada Telephone: (613) 944-6912 Facsimile: (613) 943-2423 Web Sites Compendium of International Environmental Agreements – 2008 172 http://www.ec.gc.ca/water/e_main.html http://www.ijc.org/en/home/main_accueil.htm Compendium of International Environmental Agreements – 2008 173 Agreement between Canada and the United States of America Relating to the Exchange of Information on Weather Modification Activities Status Inactive Lead Department Environment Canada Subject Category Meteorology Summary Under this agreement, information relating to weather modification activities of mutual interest shall be transmitted as soon as practicable to the responsible agency of the other party. Whenever possible, this information shall be transmitted prior to the commencement of such activities. Activities None Contact Meteorological Service of Canada, Environment Canada Telephone: (819) 997-3844 Web Site None Compendium of International Environmental Agreements – 2008 174 Compendium of International Environmental Agreements – 2008 175 Agreement to Provide for Joint Canada–US Collaboration in Use of the Meteorological Service of Canada Airborne Imaging Microwave Radiometer (AIMR) Status Not in force (expired in 2001) Follow-up with the National Center for Atmospheric Research to ensue Lead Department Environment Canada, Meteorological Service of Canada (MSC) (Atmospheric Environment Service [AES] at the time of the agreement) Subject Category Meteorology Summary The AES Ice Branch (renamed the Canadian Ice Center of MSC) conceived and funded the development of the airborne imaging microwave radiometer (AIMR) to support its research and operational needs in the remote detection of sea-ice properties. The opportunity for AES to collaborate with the National Center for Atmospheric Research (NCAR) in the development of remote sensing capabilities on the NCAR C-130 Hercules platform by arranging for the semi-permanent installation of the AES AIMR on the NCAR C-130 aircraft spawned this memorandum of agreement (MOA). The MOA establishes conditions for the joint development of microwave remote sensing capability for the NCAR C-130 aircraft. The MOA is based on the loan of the AIMR by the AES Ice Branch to NCAR ATD for installation on their aircraft and the collaboration of the AES and NCAR in future research conducted with the AIMR. The MOA contains the following details: Compendium of International Environmental Agreements – 2008 176 the loan of the AIMR to NCAR and its operation in support of National Science Foundation-funded research access to the AIMR by the AES financial commitments joint management for development and use of the AIMR data management, sharing, and ownership An amendment (“Amendment 1”) was written to reflect the Canada Treasury Board Decision T.B. 827371 to change the “Atmospheric Environment Service (AES) to the “Meteorological Service of Canada (MSC)”. Also included in this amendment was an agreement to extend the duration of the MOA for a further five years from the date of the amendment's signing. Activities - Determine the status of the AIMR equipment. - Determine if there is any interest in its use. Suggestion that it should perhaps be written off. Contact Weather and Environmental Prediction and Services Directorate, Environment Canada Telephone: (613) 947-9178 Web Site http://ice-glaces.ec.gc.ca/App/WsvPageDsp.cfm?ID=1&Lang=eng Compendium of International Environmental Agreements – 2008 177 Canada–United-States Joint Inland Pollution Contingency Plan Status Signed and entered into force July 25, 1994 Lead Department Environment Canada Subject Category Cooperation Summary The Canada–United-States Joint Inland Pollution Contingency Plan is an agreement between Environment Canada and the United States Environmental Protection Agency (US EPA). It is intended to complement the Canada–United-States Joint Marine Pollution Contingency Plan and is consistent with the United Nations Economic Commission for Europe (UNECE) Convention on Transboundary Effect of Industrial Accidents. The purpose of the Inland Pollution Plan is to mitigate the effects on public health and welfare, the environment, and property by providing for coordinated and integrated responses to polluting incidents along the shared inland Canada–US boundaries. Annexes to the 1994 plan cover the following: CANUSWEST (I) signed in 1998 and covers the combined border of the Yukon and British Columbia with US EPA Regions 8 and 10 (Washington, Idaho, Montana, and Alaska); the British Columbia–Alaska border, a sub-annex to CANUSWEST, is also in development; CANUSPLAIN (II) signed in 2001 and covers the combined border of Alberta, Saskatchewan and Manitoba with US EPA Regions 5 and 8 (Minnesota, Montana, North Dakota); CANUSSCENT (III) signed in 2002 and covers the border of Ontario with US EPA Regions 2 and 5 (New York and Minnesota); CANUSQUE Compendium of International Environmental Agreements – 2008 178 (IV) not yet signed, covers the border of Quebec and US EPA Regions 1 and 2 (New Hampshire, Vermont, Maine, and New York); CANUSEAST (V) signed in 2005 and covers the border of New Brunswick and US EPA Region 1 (Maine). Commitments Environment Canada is committed to maintain a cooperative mechanism between the United States and Canada for preparedness and response to spill and releases of oil and hazardous substances along the shared Canada–US boundary. Action Required Environment Canada is the Canadian co-lead with the US EPA and plays an active role with regard to environmental sensitivities of affected areas and may mobilize scientific support and technical resources to assist in the overall response. Activities In the event of a polluting incident, the plan provides for an international joint advisory team and a regional joint response team to facilitate the provision of emergency resources and other support with members from both countries. Environment Canada will undertake activities to ensure the following: - timely and accurate notification of incidents that threaten the shared inland border - safe and timely movement of personnel, equipment, and supplies across the Canada–US border - coordinated and timely flow of information to the public and media. Evidence of Compliance The notification and communication provisions of this plan are regularly put into action and exercises to test the regional annexes are conducted on a regular basis. Contact Compendium of International Environmental Agreements – 2008 179 Preparedness and Response, Environment Canada Telephone: (819) 997-3053 Facsimile: (819) 953-5361 Web Site http://www.ec.gc.ca/ee-ue/default.asp?lang=En&n=8A6C8F31-1 Compendium of International Environmental Agreements – 2008 180 Canada–US Bilateral Agreement on Shellfish Sanitation Status Signed in Canada March 4, 1948 Signed in the United States April 30, 1948 Remains in force unless one of the parties gives 30 days' notice Lead Department Canadian Food Inspection Agency Subject Category Biodiversity/Ecosystems/Oceans Summary The agreement was signed to improve the sanitary practices prevailing in the molluscan shellfish industries. It is intended to ensure that the raw molluscan shellfish that is traded between the two countries is harvested, handled, and processed in accordance with agreed sanitary principles; that each country informs the other on compliance with the sanitary principles; and that each country facilitates the inspection of each other's shellfish handling facilities and shellfish growing areas. Commitments Canada must agree to common sanitary principles governing the harvesting, handling, and processing of shellfish inform the United States on compliance with those principles facilitate inspections of its shellfish handling facilities and shellfish growing areas if requested. Compendium of International Environmental Agreements – 2008 181 Action Required The Canadian Shellfish Sanitation Program (CSSP), Canada's commitment to meeting the Canada–US Bilateral Agreement, is a program shared by Environment Canada, the Canadian Food Inspection Agency (CFIA), and Fisheries and Oceans Canada (DFO). A memorandum of understanding (MOU) between Environment Canada and DFO was signed in 2000, outlining the responsibilities of each agency for the CSSP. The lead for negotiations with the United States is the CFIA, supported by Environment Canada and DFO. A common principle of the Canadian and American programs is that the proper survey and classification of shellfish growing areas is the first critical control point in shellfish contamination. Environment Canada's responsibility within the CSSP is the survey and classification of shellfish growing areas. Activities The CFIA is the lead. Environment Canada is responsible for carrying out shoreline sanitary and bacteriological water quality surveys of the shellfish growing areas according to the procedures, standards, and protocols of the Canadian Shellfish Sanitation Program (CSSP) Manual of Operations. This includes the continuing evaluation of the level of fecal contamination on the water overlying shellfish growing areas, the identification of point and non-point pollution sources impacting on these areas, and recommendations to DFO and the CFIA for classification of these areas based on sanitary quality and general sanitary conditions. DFO implements closures through the Management of Contaminated Fisheries Regulations under the Fisheries Act. Fish Inspection Regulations under the Fish Inspection Act require that molluscan shellfish processed by federal processing plants be harvested from waters that would ensure that the shellfish are wholesome. Evidence of Compliance The CSSP internal audits in Quebec, Pacific and Yukon, and Atlantic regions have found the program to be in general compliance with the principles of the CSSP. Health Canada has also audited the CFIA's biotoxin monitoring component of the program. The United States Food Compendium of International Environmental Agreements – 2008 182 and Drug Administration (USFDA) has routinely audited the CSSP every few years, most recently in 2004 in the Atlantic region. Audits have usually concluded that the CSSP is in general compliance with agreed sanitary principles. In 2004, the USFDA found the program as delivered in that region to be in general compliance with the CSSP. During the process of the audit, however, the USFDA identified three significant differences between the CSSP and the US program, the National Shellfish Sanitation Program (NSSP). Officials in Environment Canada, DFO, and CFIA are working to resolve these differences with the USFDA. Two of the differences relate to Environment Canada’s activities. Canada has not audited the NSSP as delivered in the United States since 1995. At that time, an audit by Canadian auditors of the NSSP in two states indicated that the program was delivered in general compliance with agreed sanitary principles. Contacts National Marine Water Quality Monitoring Office, Environment Canada Telephone: (514) 283-5869 Fish, Seafood and Production Division, Canadian Food Inspection Agency Telephone: (613) 221-7028 Web Sites CSSP Manual of Operations http://www.inspection.gc.ca/english/anima/fispoi/manman/cssppccsm/toctdme.shtml Atlantic Environment Canada - Atlantic Region Marine Water Quality Monitoring Program http://www.ns.ec.gc.ca/epb/sfish/sfish.html Quebec Environment Canada - Quebec Region Marine Water Quality Monitoring Program Compendium of International Environmental Agreements – 2008 183 http://www.qc.ec.gc.ca/dpe/Anglais/dpe_main_en.asp?eau_salub1 CSSP (EC/DFO/CFIA) Quebec Region http://www.mollusca.gc.ca/pccsm_e.asp Pacific Environment Canada - Pacific Region Marine Water Quality Monitoring Program http://www.pyr.ec.gc.ca/EN/Shellfish/index.shtml Fisheries and Oceans Canada closures http://www.pac.dfo-mpo.gc.ca/ops/fm/shellfish/Biotoxins/closures/default_e.htm Compendium of International Environmental Agreements – 2008 184 Canada–United States Joint Marine Pollution Contingency Plan Status Signed and entered into force June 19, 1974 Last revised May 22, 2003; Lead Department Canadian Coast Guard, Department of Fisheries and Oceans Canada Subject Category Cooperation/Oceans Summary The Canada–United States Joint Marine Pollution Contingency Plan is an agreement between the Canadian Coast Guard (CCG) and the United States Coast Guard. It evolved out of the 1972 Great Lakes Water Quality Agreement (GLWQA) and is designed to deal with accidental and unauthorized releases of pollutants that cause or may cause damage to the environment along the shared maritime boundary. The last revision (May 22, 2003) consolidates into the main body of the document those points that are common to all annexes. Annexes to this plan cover CANUSLAK – the Great Lakes; CANUSLANT – the Atlantic coast; CANUSPAC – the Pacific coast; CANUSNORTH – the Beaufort Sea; and CANUSDIX – the Dixon Entrance; All annexes were signed in the 1980s and are regularly updated. Commitments Compendium of International Environmental Agreements – 2008 185 Canada is committed to ensuring cooperative bilateral response planning at the local and national levels to releases of pollutants that affect the geographical areas included in the annexes. Action Required The CCG is the lead agency. Environment Canada plays an advisory role with regard to environmental sensitivities of affected areas and may mobilize scientific and technical resources to assist in overall response efforts. Activities The Joint Environmental Emergency Response Team (JEERT) is an integrated response team with members from both countries. Environment Canada chairs Regional Environmental Emergency Teams (REETs), which coordinate Canada’s environmental response efforts. These standing committees include scientific and technical experts from various federal departments, as well as provincial and municipal governments. Evidence of Compliance The plan has been invoked on approximately 10 occasions, and exercises to test the plan and regional annexes are conducted biannually. Contacts Preparedness and Response, Environmental Stewardship Branch, Environment Canada Telephone: (819) 997-3053 Facsimile: (819) 953-5361 Safety and Environmental Response, Canadian Coast Guard, Fisheries and Oceans Canada Telephone: (613) 990-3115 Facsimile: (613) 996-8902 Web Site Compendium of International Environmental Agreements – 2008 186 Under construction Compendium of International Environmental Agreements – 2008 187 Convention for the Protection of Migratory Birds in the United States and Canada Status Signed August 16, 1916 Ratified December 7, 1916 In force internationally December 7, 1916 In force in Canada December 16, 1916 Amending protocol signed December 14, 1995 Amending instruments exchanged October 7, 1999 Came into force in Canada October 8, 1999 Lead Department Environment Canada Subject Category Biodiversity/Cooperation Summary The convention extends protection to migratory birds in Canada and the United States and provides for the management of nuisance migratory bird species, sustainable hunting, and a modern conservation approach to sustaining migratory bird populations. Commitments The requirements of the convention have legislated components embedded in the Migratory Birds Convention Act, 1999. Other commitments linked to the convention are included in the North American Waterfowl Management Plan and the Declaration of Intent for the North American Bird Conservation Initiative; both of the latter agreements were signed by the Minister of the Environment. Compendium of International Environmental Agreements – 2008 188 Action Required Regulation development, notably annual hunting regulations. Conservation of migratory bird populations. Activities Coordination of bird conservation in Canada through the North American Bird Conservation Initiative – Canada – Council. Planning, funding, and implementing waterfowl conservation programs under the North American Waterfowl Management Plan. Consultations and cooperative work with US agencies through fora such as US Flyway Councils. Evidence of Compliance Regulations well-established and generally intra vires. An extinction of a migratory bird species due to Canadian failure to address threats to its survival would constitute noncompliance. Contact Population Conservation and Management, Environment Canada Telephone: (819) 953-1422 Web Sites http://laws.justice.gc.ca/en/M-7.01/ http://www.pnr-rpn.ec.gc.ca/nature/migratorybirds/dc00s06.en.html Compendium of International Environmental Agreements – 2008 189 Joint Statement between the Government of Canada and the Government of the United Sates of America to Expand and Intensify Existing Bilateral Efforts to Address Global Climate Change Status Issued March 7, 2002 Parties: David Anderson, Canadian Minister of the Environment; Christie Todd Whitman, Administrator of the US Environmental Protection Agency; James Connaughton, Chairman of the Whitehouse Council on Environmental Quality; Glenn Hubbard, Chairman of the President’s Council of Economic Advisors; and Paul Dobriansky, Under Secretary of State for Global Affairs Lead Department Environment Canada Subject Category Climate Change/Cooperation Summary Building on the 1997 Canada–US Memorandum of Understanding (MOU) on Cooperation in the Field of Climate-Related Programs, the 2002 joint statement announced the agreement by both countries to pursue increased bilateral cooperation on such issues as climate change science and research, technology development, carbon sequestration, emissions measurement and accounting, capacity building in developing countries, carbon sinks, targeted measures to spur the uptake of cleaner technology, and market-based approaches. Examples of activities that are contemplated under this cooperation agreement include, but are not limited to, clean coal technology and carbon dioxide capture and storage technology Compendium of International Environmental Agreements – 2008 190 development, expanded use of cogeneration, and renewable sources of energy, as well as concrete ways of reducing greenhouse gas emissions through sustainable agriculture and forestry management practices. Activities Under this joint statement, the Canada–US Climate Change Working Group (CCWG) was created and has met annually since 2002. An inventory of Canada–US climate change activities is maintained and reviewed annually by the CCWG. Activities carried out under this joint statement reflect the broad scope of climate change cooperation in areas including emissions monitoring and reporting, energy R&D, energy efficiency, vehicles, science, impacts and adaptation, biological sequestration, and activities in developing countries. Contact Climate Change International, Environment Canada Telephone: (819) 953-9483 Fax: (819) 997-0962 Compendium of International Environmental Agreements – 2008 191 Environment Canada – U.S. Environmental Protection Agency Joint Statement of Cooperation on the Georgia Basin and Puget Sound Ecosystem Status Signed January 19, 2000 Lead Department Environment Canada Subject Category Ecosystems Summary In 2000, the Joint Statement of Cooperation on the Georgia Basin and Puget Sound Ecosystem (SOC) was signed by the Minister of Environment in Canada and the Administrator of the Environmental Protection Agency in the United States. The SOC is a uniquely written bilateral agreement that supports national bilateral agreements, outlines common goals and objectives, and serves as a framework for undertaking joint sustainability initiatives in the Georgia Basin/Puget Sound (GBPS) transboundary ecosystem. The GBPS ecosystem, which includes the Georgia Strait, the Strait of Juan de Fuca, and Puget Sound in Washington State, is of significant importance in North America as one of the richest in biodiversity, but also one where common airsheds, watersheds, marine estuaries, and common flyways for migratory birds face serious and mounting pressures from rapid population and urban growth. Commitments In acknowledging the uniqueness of the GBPS ecosystem, the SOC serves to Compendium of International Environmental Agreements – 2008 192 - publicly confirm the commitment and leadership of the two federal levels of government - recognize the special interests of First Nations and Tribes - establish a formal Canada–US mechanism at the regional level to act on sustainability challenges and promote multi-jurisdictional collaboration on transboundary issues. It also commits Environment Canada and the US Environmental Protection Agency to develop regular action plans and to routinely report to the public on progress. Activities - Hold regular meetings of Environment Canada/Pacific and Yukon Region and EPA/Region 10 staff and executive to maintain a long-standing relationship and pursue ongoing collaboration. - Collaborate with the Washington–British Columbia Environmental Cooperation Council and other bilateral mechanisms to establish priorities and deliver environmental results in the ecosystem. - Co-host a bi-annual transboundary scientific research conference. - Pursue key joint initiatives such as the International Airshed Strategy, the Transboundary Ecosystem Indicators Report, and the Transboundary University Course and Seminar Series. - Jointly agree to and draft regular action plans and reports on progress and communicate these efforts to the public and key stakeholder groups. Contact Environment Canada / Pacific and Yukon Region Telephone: (604) 664-666-2143 Facsimile: (604) 664-9126 Web Site http://www.pyr.ec.gc.ca/EN/index.shtml Compendium of International Environmental Agreements – 2008 193 Compendium of International Environmental Agreements – 2008 194 Great Lakes Water Quality Agreement (GLWQA) Status Signed April 15, 1972 Amended in 1978 Renegotiated by Protocol in 1987 Lead Department Environment Canada Subject Category Water Quality, Great Lakes Summary The Great Lakes Water Quality Agreement (GLWQA) commits the governments of Canada and the U.S. to restore and maintain the chemical, physical and biological integrity of the waters of the Great Lakes Basin Ecosystem. Commitments Canada is responsible for implementing the appropriate measures to meet the objectives set out in the Agreement through programs, standards, regulatory requirements, research and other measures. It is also responsible for seeking: the funds required to implement the GLWQA; enactment of any additional legislation; and cooperation of Provincial governments. The terms of the GLWQA also require that the governments of Canada and the U.S. review the Agreement every six years. Action Required Under the terms of the, GLWQA the two federal Governments are expected to implement programs and report on their progress in restoring, preserving, and protecting the Great Compendium of International Environmental Agreements – 2008 195 Lakes. The International Joint Commission (IJC) has been charged with reviewing and evaluating these programs and progress. In Canada, Environment Canada leads delivery on the Agreement, while the U.S. Environmental Protection Agency spearheads the United States efforts. Both work in partnership with provincial, state, and municipal governments. Canadian federal-provincial implementation is coordinated through the Canada-Ontario Agreement Respecting the Great Lakes Basin Ecosystem. This Agreement was first signed in 1971 and most recently renewed in 2007. Further information is found online at www.on.ec.gc.ca/coa. Activities Canada and the United States established the Binational Executive Committee (BEC) to set general priorities and strategic directions for activities under the GLWQA. The BEC, cochaired by Environment Canada and the U.S. Environmental Protection Agency, meets twice a year to coordinate respective work plans with regard to implementing the GLWQA and to evaluate progress made. The BEC is a permanent, senior-level mechanism, comprised of Canadian and U.S. federal, state, and provincial agencies that are accountable for delivering major programs and activities, along with other stakeholders as affiliate members, whose skills are required to address various issues. Further information is found online at http://www.binational.net. Eight federal departments’ activities are integrated with those of the Province of Ontario through the 2007 COA. The COA is a successful model of federal-provincial cooperation that recognizes the shared jurisdiction surrounding many of the issues faced within the Great Lakes Basin, establishes common goals and results, and coordinates actions to eliminate overlap and optimize use of resources for maximum results. Three key Environment Canada instruments for ensuring Canada’s obligations under the GLWQA: Compendium of International Environmental Agreements – 2008 196 Remedial Action Plans (RAPs) – Under the 1978 Agreement the parties committed to develop plans to guide the restoration and protection efforts of specific geographic areas which are severely degraded. These identify environmental problems, uncover the sources and causes of the problems, establish shared goals and objectives, and list the agreed upon recommended actions, implementation plans and monitoring strategies. Further information can be found online at http://www.on.ec.gc.ca/water/raps. Lakewide Management Plans (LaMPs) – Under the 1978 Agreement the parties committed to develop plans of action to assess, restore, protect and monitor the ecosystem health of a Great Lake. These are used to coordinate the work of all the government, tribal and non-government partners working to improve the Lake ecosystem. Further information can be found online at http://binational.net. Great Lakes Binational Toxics Strategy (BTS) – in response to the IJC’s 1994 Biennial Report the parties developed a framework for actions to reduce or eliminate persistent toxic substances, especially those which bioaccumulate, from the Great Lakes Basin. Further information can be found online at http://binational.net. Evidence of Compliance Under the Canada-United States Great Lakes Water Quality Agreement, the International Joint Commission is required to monitor and assess progress made pursuant to the Great Lakes Water Quality Agreement, in particular the adequacy of actions by the two federal governments, the province of Ontario, and the eight Great Lakes states. The Commission fulfills this responsibility in part by reporting every two years. The first Biennial Report was released in 1981 and the most recent, the 13th Biennial Report, released in 2007. Contacts Environment Canada’s Great Lakes Environmental Office (416) 739-4936 Compendium of International Environmental Agreements – 2008 197 Web Sites http://www.on.ec.gc.ca/greatlakes/ www.binational.net http://www.ijc.org/ Letter of Agreement between the United States Coast Guard International Ice Patrol and Environment Canada’s Canadian Ice Service Status Signed May 1, 2002 Lead Department Environment Canada Subject Category Cooperations/Oceans Summary The intent of this letter of agreement between the International Ice Patrol (IIP) of the United States Coast Guard (USCG) and the Canadian Ice Service (CIS) of Environment Canada is to document existing exchange arrangements between the two organizations. This letter of agreement, which is a non-binding working arrangement, will build on the general terms of reference of the Joint Ice Working Group (JIWG), of which both parties to this agreement are members. Included in the terms of the JIWG is the requirement to coordinate iceberg information, data exchange for operational analysis and forecasting, and the provision of mutual backup for critical services. Compendium of International Environmental Agreements – 2008 198 Although the CIS and the IIP have significant differences in their mandates, the information gathered by each of the agencies is freely exchanged between the two agencies for their mutual benefit and is considered operationally essential. Periodic review and amendment of this letter of agreement will be accomplished to reflect organizational and operational changes. Activities The following principles govern day-to-day interaction between the IIP and the CIS: real-time data exchange numerical model output data exchange iceberg reconnaissance coordination analysis and forecast product exchange mutual backup staff exchange research and development software exchange incremental cost recovery Evidence of Compliance Unknown Contact National Services Operation Division, Weather and Environmental Prediction and Services Directorate, Environment Canada Telephone: (418) 722-1491 Fax: (418) 722-1485 Web Site Compendium of International Environmental Agreements – 2008 199 http://ice-glaces.ec.gc.ca/App/WsvPageDsp.cfm?ID=1&Lang=eng Compendium of International Environmental Agreements – 2008 200 Memorandum of Understanding Between the Environmental Protection Agency of the United States of America and the Department of the Environment of Canada Concerning Cooperation in Research, Development and Demonstrations in Science and Technology Related to Environmental Protection. Status: Signed in 1997 Still active, no ending date Can be terminated after 180 days' notice by either party Lead Department: Environment Canada Subject Category: Cooperation Summary The memorandum of understanding (MOU) aims at providing a framework under which individual research and development and demonstration science and technology (R&DD S-T) activities would take place. It also refers to an agreement on intellectual property between the US and the Canadian governments that can be found at http://www.lexum.umontreal.ca/ca_us/en/cts.1997.05.en.html Activities Various collaboration activities in the aforementioned field. Regular high level (ADM) meetings took place under the MOU until 2000 and the Technology Strategies Division is currently working at reviving this relationship. Compendium of International Environmental Agreements – 2008 201 Contact Innovative Solutions, Environment Canada Telephone: (819) 953-0226 Web Site None Compendium of International Environmental Agreements – 2008 202 Memorandum of Understanding between the United States Coast Guard and the Department of the Environment of Canada Concerning Research and Development Cooperation in Spill Response Technology Status Currently active Lead Department Environment Canada Subject Category Cooperation Summary The agreement with the United States Coast Guard is to provide a means to carry out joint projects on oil and chemical spills. Activities Several joint projects were carried out. Contact Emergencies Science and Technology Division, Environmental Technology Centre, Environment Canada Web Site http://www.etc-cte.ec.gc.ca/etchome_e.html Compendium of International Environmental Agreements – 2008 203 Memorandum of Understanding between the US Department of Commerce's National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in the Field of Meteorology, Hydrology, and Climate Forecast Service and Programs Status Signed and entered into force Lead Department Environment Canada Subject Category Cooperation/Meteorology Summary The purpose of this memorandum of understanding (MOU) is to document certain arrangements and understandings to improve the cooperation and coordination of meteorology, hydrology, and climate forecast services and programs and activities undertaken by the National Weather Service (NWS) of the National Oceanic and Atmospheric Administration of the United States of America and the Meteorological Service of Canada, Environment Canada. This improved cooperation is desirable to enhance and maximize program capabilities in these areas in both countries to encourage joint efforts to resolve common problems to avoid unplanned duplication of effort to help ensure that the collection, analysis, archiving, and dissemination of data are compatible so that results can be compared and pooled, when desired. Compendium of International Environmental Agreements – 2008 204 This MOU is not intended to create binding international legal obligations. Specific activities, including tasks, responsibilities, and conditions connected therewith, will be set forth in annexes to this MOU. Future programs resulting from this MOU will be coordinated through the heads of the two agencies or their designates. Coordinators and working groups may be appointed, as required, to consider and act on matters related to the implementation of this MOU. There are three annexes: Annexe 1: Exchange on Radar Products (expired in January 2006) Annexe 2: Ship Observation Data Annexe 3: Cooperative Program for Meteorology, Education and Training (COMET) Activities Subject to the availability of appropriated funds and personnel and in accordance with the laws and regulations of each country, the participants intend to assist each other in planning meteorology, hydrology and climate-related programs assist each other in program operation to the extent practical and mutually desirable. assist each other in communicating and sharing meteorology, hydrology and climate-related information. Contact Meteorological Service of Canada, Environment Canada Telephone: -5776 Web Site None Compendium of International Environmental Agreements – 2008 205 Compendium of International Environmental Agreements – 2008 206 Memorandum of Understanding between the US Department of Commerce’s National Oceanic and Atmospheric Administration and Environment Canada's Meteorological Service of Canada on Cooperation in Environmental Data Acquisition and Utilization Status Signed and entered into force April 22, 2003 Lead Department Environment Canada Subject Category Cooperation/Meteorology Summary The purpose of this memorandum of understanding (MOU) is to recognize the long-standing cooperation between the National Oceanic and Atmospheric Administration (NOAA) and the Meteorological Service of Canada (MSC) of Environment Canada (participants), to enhance current cooperative efforts, and to supply a mechanism through which future efforts can be facilitated. This improved cooperation is desirable 1. to enhance and maximize program capabilities in both countries 2. to encourage joint efforts to resolve common problems 3. to promote compatibility in the collection, analysis, archival, and dissemination of data so that the data can be readily accessed, analyzed, and integrated as desired This MOU is not binding on either participant and is not intended to create any obligation under international law. Compendium of International Environmental Agreements – 2008 207 IAs may be added to this MOU in the form of annexes. Each annex is subject to the approval of the Cooperation Steering Committee. There are three annexes: - Annexe 1: Cooperation Steering Committee - Annexe 2: North American Ice Service - Annexe 3: North American Strategic Plan for Monitoring Climate and Weather Extremes for Improved Decision Making Activities The participants have identified a number of areas of mutual interest for potential cooperation pursuant to this MOU, including but not restricted to the following: 1. shared environmental data and products 2. data analysis and dissemination 3. data management, archive, and retrieval 4. infrastructure utilization and cooperation 5. applications development and scientific research 6. education, training, and outreach. Contact Meteorological Service of Canada, Environment Canada Telephone: (613) 943-5776 Facsimile: (819) 994-8864 Web Site None Compendium of International Environmental Agreements – 2008 208 North America Ensemble Forecast System Joint US National Weather Service– Meteorological Service of Canada Ensemble Forecasting Research, Development, and Implementation Plan Status Signed and entered into force December 2, 2003 Lead Department Environment Canada Subject Category Meteorology Summary At the February 2003 American Meteorological Society (AMS) annual meeting in Long Beach, California, senior officials from the US National Atmospheric and Oceanic Administration (NOAA) (Jack Hayes, Director, Office of Science and Technology, National Weather Service [NWS]; David Rogers, former Director of Office of Weather and Air Quality; and Louis Uccellini, Director, National Centers for Environmental Prediction [NWS]) and from the Meteorological Service of Canada (MSC) (James Abraham, Director, Meteorological Research Branch [MRB]; Dr. Michel Béland, Director General of the Atmospheric and Climate Sciences Directorate; and Pierre Dubreuil, Director General of Atmospheric Environment Prediction Directorate of MSC) met to discuss strategic directions and priorities in the areas of collaboration between Canada and United States in environmental prediction. The focus of the meeting was to identify what part of the weather program could be targeted and prioritized to initiate such a collaboration. Discussions covered the topic of ensemble prediction systems in the short/medium range and seasonal forecasting. Compendium of International Environmental Agreements – 2008 209 As a result, ensemble prediction systems for days 1 to 15 emerged as the top priority in which both organizations should first invest in order to develop this cooperative effort. Areas of potential collaboration include exchange of EPS forecast output and development of a coordinated research, development, and implementation (RDI) approach regarding statistical post-processing of ensembles, product development based on a joint ensemble (targeted both at operational forecasters and end-users), verification techniques, and training/outreach. The planned joint activities will build on an existing exchange of ensemble research results. Note also that output from the MSC EPS system have been provided routinely to the National Centres for Environmental Prediction (NCEP) since 1999, following the fire that affected the NCEP C90 computer (resulting in a major outage that for a period of time precluded the execution of the NCEP EPS operational system). The RDI activities indicated above have a considerable overlap with the general objectives of the THORPEX (The Observing-System Research and Predictability Experiment) international research program. The bilateral collaborative efforts established here between MSC and the US National Weather Service (NWS) will offer guidance to other scientific groups as to the research needs of operational centres, and will offer a platform that other organizations may wish to join. NCEP has already established, and is in the process of expanding, ensemble data exchange activities with other Numerical Weather Prediction (NWP) centres. The research findings and the resulting joint North American ensemble forecast data from the bilateral collaboration between the NWS and MSC can provide the basis for the formation of a future multi-centre international ensemble forecast system. Commitments Main area of collaboration: General information, as well as specific issues regarding research, development, and implementation activities related to the North American Ensemble Forecast System will be presented in the RDI plan. The plan is divided into four different components: - data exchange Compendium of International Environmental Agreements – 2008 210 - post-processing (bias removal before merging ensembles - product development - verification Research and development work can be shared by the two centres in many of these areas while in others alternative approaches can be pursued and compared. This collaboration will lead to acceleration in the schedule and enhancement in the quality of ensemble-related operational implementations at both centres. Action Required Possible announcement of joint North America Ensemble Forecast products. Activities - Data exchange: Identify a common set of ensemble data that the two centres will exchange for research and operational purposes for the development and operational generation of products based on a joint ensemble system. - Post-processing (bias removal before merging ensembles): Develop statistical postprocessing algorithms for eliminating the bias from each ensemble before they are combined. - Product development: Design new forecast products based on the joint ensemble for use by operational forecasters, specialized users, and the public to provide a forecast suite that is seamless across the border. - Verification: Develop and compile a set of verification routines to measure the performance of the joint ensemble forecast system as well as its constituents generated at the two centres. Contact Meteorological Service of Canada, Environment Canada Telephone: (613) 943-5776 Compendium of International Environmental Agreements – 2008 211 Web Sites http://wwwt.emc.ncep.noaa.gov/gmb/ens/NAEFS/toth_naefs_thorpex_montreal_final.doc http://wwwt.emc.ncep.noaa.gov/gmb/ens/NAEFS/NAEFS-refs.html Compendium of International Environmental Agreements – 2008 212 Treaty between Canada and the United States of America Relating to Cooperative Development of the Water Resources of the Columbia River Basin (Columbia River Treaty) Status Signed January 17, 1961 Ratified September 16, 1964 Came into force September 16, 1964 Termination: Certain parts may be terminated in 2024 with 10 years' notice Lead Department Natural Resources Canada Subject Category Freshwater Summary In 1961, Canada and the United States signed the Columbia River Treaty (CRT) to develop the hydroelectric potential of the Columbia River basin. Canada constructed three reservoirs on the Canadian side of the basin and receives, in return, one-half of the additional electricity generation and payment for increased flood control benefits enabled on the US side as a result of this additional storage. The treaty may not be terminated sooner than 60 years from its ratification (i.e., 2024), and even if terminated, parts of the treaty pertaining to flood control remain in effect. Ten years' notice is required for termination (i.e., 2014 at the earliest). Commitments Compendium of International Environmental Agreements – 2008 213 All commitments and financial returns pertaining to the treaty were assigned by Canada to British Columbia. British Columbia has designated BC Hydro as the “Canadian Entity” to deliver on the river management terms of the treaty. Action Required None Activities The treaty was written with power generation and flood control as its primary purposes. Environmental issues such as species at risk must be addressed within the limitations of these primary purposes. As a result, many individuals and agencies on both sides of the border are viewing the termination date as an opportunity to address these shortcomings, and the 10-year notice (2014) as the first opportunity to be heard. These agencies are engaging in dialogue aiming to influence the future of the treaty. Environment Canada provides atmospheric and hydrometric monitoring services as outlined in various agreements with BC Hydro. Compendium of International Environmental Agreements – 2008 214 Evidence of Compliance Natural Resources Canada sits on the CRT Permanent Engineering Board to oversee delivery of treaty commitments. Canada does not have an Act of Parliament pertaining to this treaty. Contact REED, Electricity Resources Branch, Natural Resources Canada Telephone: (613) 996-3027 Water Issues, Environment Canada Telephone: (604) 664-9345 Facsimile: (604) 664-9126 Web Sites http://pubx.dfaitmaeci.gc.ca/A_BRANCH/AES/env_commitments.nsf/0/ae32f904f7c7963885256b6c004 aeb88?OpenDocument http://www.bchydro.com/info/system/system15276.html http://www.cbt.org/about/main.asp?fl=3&pg=treaty Compendium of International Environmental Agreements – 2008 215 Treaty between Canada and the United States of America relating to the Skagit River and Ross Lake, and the Seven Mile Reservoir on the Pend d'Oreille River Status Signed April 2, 1984 Ratified December 14, 1984 Came into force December 14, 1984 Termination: No sooner than January 1, 2065, with one year's notice Lead Department Foreign Affairs and International Trade Canada Subject Category Freshwater Summary The treaty sets out Canada’s obligations related to the agreement between British Columbia and the City of Seattle, by which Seattle agrees not to construct the Ross High Dam, which would have the effect of raising the level of Ross Lake and the Skagit River at the international boundary, provided that British Columbia supply it with the electricity approximately anticipated from the construction of the Ross High Dam. The treaty protects the Government of Canada in the event British Columbia fails to comply with the BC–Seattle agreement. Commitments Under the BC–Seattle agreement, British Columbia is to supply Seattle, for 80 years, with power equivalent to that which would have been generated if the Ross High Dam height had Compendium of International Environmental Agreements – 2008 216 been raised. Seattle will pay British Columbia the equivalent of the cost of building the Ross High Dam. Either party to the agreement may give notice to terminate after 1991. If British Columbia gives notice, it must return the money to Seattle so that the dam can be raised, which will lead to the flooding of the Skagit Valley. British Columbia was also allowed to raise the operating level of the Seven Mile reservoir on the Pend d’Oreille River to help produce the required power. If Seattle terminates the agreement, it loses the right to flood the Skagit Valley Action Required None at present. Environment Canada co-signed the related agreement between Canada and British Columbia with Foreign Affairs and International Trade Canada (DFAIT) and would play a supporting role to DFAIT in the event any federal action is required under the treaty. Activities Although Environment Canada has no obligations under the treaty, it maintains a water level monitoring station on the Skagit River at the international boundary as part of its overall joint monitoring program with the United States. Evidence of Compliance The United States Geological Survey monitors Ross Reservoir levels at the international gauging station near Newhalem, Washington. BC Hydro and Seattle City Light monitor the elevation of the Seven Mile Reservoir. Contacts US Relations Division, Foreign Affairs and International Trade Canada Telephone: (613) 944-6911 Facsimile: (613) 943-2423 Water Issues, Environment Canada Telephone: (604) 664-9345 Compendium of International Environmental Agreements – 2008 217 Facsimile: (604) 664-9126 Web Sites http://pubx.dfaitmaeci.gc.ca/A_BRANCH/AES/env_commitments.nsf/0/f7d7c582815409e385256b6c00 4aebaf?OpenDocument http://www.lexum.umontreal.ca/ca_us/en/cts.1984.16.en.html Compendium of International Environmental Agreements – 2008 218 Treaty between Canada and the United States of America Concerning the Diversion of the Niagara River (An agreement between Canada and the United States respecting the uses of the waters of the Niagara River) Status Signed February 27, 1950 Lead Department Foreign Affairs and International Trade Canada Environment Canada provides the Canadian member, appointed through an order in council Subject Category Freshwater Summary The International Niagara Committee was set up by the governments of Canada and the United States by an exchange of notes during January 1955, in accordance with provisions of Article VII of the Niagara Treaty of 1950 between the two countries. The committee reports to Foreign Affairs and International Trade Canada and the State Department in the United States. Commitments Environment Canada also provides technical support to the Canadian member in the form of an on-site representative and the conduct of weekly inspections to verify determination, recording, and reporting of water use and allocation under the terms of the treaty. Compendium of International Environmental Agreements – 2008 219 Action Required The committee usually meets twice a year, with the meetings attended by representatives of Ontario Power Generation, the New York Power Authority, the St. Lawrence Seaway Management Corporation, the Federal Energy Regulatory Commission, and the Ontario Ministry of Natural Resources. Activities The primary functions of the committee are as follows: - to ascertain, determine, and record the amounts of water available for the purpose of the treaty - to record the amounts of water taken from the Niagara River and Welland Ship Canal for hydro-electric power generation by both countries - to ensure that the amount of water flowing over Niagara Falls meets the requirements specified in the treaty - to investigate, explain, and report on the causes of any treaty violations - to inspect the power plants to ensure accurate determination of water diversions Evidence of Compliance A report is submitted to the Canadian and United States governments annually. Contact International Niagara Committee Burlington, Ontario Telephone: (905) 336-4580 Web Site None Compendium of International Environmental Agreements – 2008 220 Treaty Relating to the Boundary Waters and Questions Arising Along the Border between the United States and Canada Status Signed January 11, 1909 (supplemented by many subsequent agreements) Lead Department Foreign Affairs and International Trade Canada Subject Category Freshwater Summary The Boundary Waters Treaty (BWT) established the principles and a mechanism for addressing boundary and transboundary water issues and resolving disputes between Canada and the United States. The BWT stipulates that boundary and transboundary water shall not be polluted in either country to the injury of property or health of the other country (Article IV). Also, water levels and flows must not be altered without the approval of the responsible government and the International Joint Commission (IJC). The BWT also created the IJC to provide a mechanism to resolve and prevent disputes along the Canada-US boundary concerning water quantity and quality or in other areas (e.g., air pollution). The IJC is a permanent body composed of three commissioners appointed by each country. Its duties include responding to applications for the use, obstruction, or diversion of certain boundary and transboundary waters affecting levels and flows. Where the IJC has the authority to grant approval, it may impose binding conditions on both countries and appoint an international board of control to oversee compliance with the conditions. Commitments Compendium of International Environmental Agreements – 2008 221 The key provisions of the BWT are as follows: - Canada and the United States maintain exclusive jurisdiction and control over the use and diversion of all waters on their own side of the boundary. However, if any injuries occur, the injured party shall be entitled to the same rights and remedies as if such injury took place in the country where the diversion or interference occurred (Article II). - Boundary and transboundary waters shall not be polluted on either side to the injury of health or property on the other (Article IV). - Canada and the United States, "enjoy equal and similar rights in the use of waters" on their own side of the boundary, and in the event of a dispute among competing uses, water use priorities will be ranked in the following order: domestic and sanitary; navigation; power (Article VIII). No project (use, obstruction, or diversion) that would affect the natural level or flow on the other side of the international boundary or raise the level of transboundary rivers at the boundary can proceed except by authority of Canada or the United States and with the approval of the IJC. In granting approval, the IJC may impose binding conditions on both countries and private parties, and usually appoints an international board of control to oversee compliance with the conditions of approval (Article III). Either government may refer to the IJC any question or matter of difference concerning water quantity and water/air quality issues along the common frontier. In practice, such references have been transmitted jointly by the two governments, after consultations on the specific terms. The IJC investigates, reports, and makes recommendations for resolving the issue in question. Implementation of the commission's recommendations is at the discretion of the governments, and is usually exercised after bilateral consultation. The IJC is responsible for alerting the governments of emerging or potential water or air pollution problems along the boundary, and has arbitral authority over any subject referred to it, but the governments have not made use of this provision. Action Required Compendium of International Environmental Agreements – 2008 222 Environment Canada provides technical support to the IJC and advises Foreign Affairs and International Trade Canada (DFAIT) on technical matters relating to the licensing of developments on transboundary waters in accordance with the International Boundary Waters Treaty Act. Activities When requested by the two federal governments, the IJC provides advice on matters affecting the shared environment or undertakes specific investigations. More than 100 boundary water issues have been referred to the IJC. In addition, the IJC has created control boards (12), pollution boards (4), advisory boards, and study boards. Environment Canada supports the IJC, providing secretariat and technical support. Environment Canada also monitors levels, flows, and water quality to ensure compliance with IJC objectives and with the BWT and related agreement requirements, including water apportionment provisions. Environment Canada officials also participate directly on the boards set up under the treaty. Americas Branch provides national policy coordination for the department’s involvement with the IJC at semi-annual meetings with governments. The National Water Issues Branch provides national coordination and scientific and technical advice to regions, other government departments, and provinces in meeting commitments under the BWT. This includes resolution of transboundary issues, development of a Canadian position, and scientific and technical support to the IJC and other Canada–US transboundary agreements. Environment Canada also supports the BWT with the International River Improvements Act and the air quality provisions with the Canada Environmental Protection Act. Evidence of Compliance Relevant reports include the following: - IJC biennial reports on Great Lakes water quality - regular reports from boards established under the BWT. Compendium of International Environmental Agreements – 2008 223 Emerging issues include the following: - Devils Lake Outlet, North Dakota - Garrison Diversion Project, North Dakota - IJC proposal to establish 10 ecosystem-based watershed boards across Canada - bulk water removal, including export of water - review of Great Lakes Water Quality Agreement Contact Canada-US Transboundary Issues, Environment Canada Telephone: (819) 994-1655 Web Site http://www.ijc.org/en/home/main_accueil.htm Compendium of International Environmental Agreements – 2008 224 BILATERAL AGREEMENTS Compendium of International Environmental Agreements – 2008 225 Agreement between the Government of Canada and the Government of the Federal Republic of Germany on Scientific and Technical Cooperation Status Signed April 16, 1971 Renewed every 2 years Lead Department Foreign Affairs and International Trade Canada Subject Category Cooperation Summary The agreement aims to facilitate and encourage scientific and technological cooperation and exchanges of information and personnel between agencies, research organizations, and enterprises in the public and private sectors in both countries. Under the agreement, Environment Canada has had a successful scientific and technological bilateral relationship with the Federal Ministry of Education and Research (BMBF) of the Federal Republic of Germany, which is the coordinating body of the agreement for the Germans. For example, several joint projects with German scientists from research centres and technical universities have taken place. As well, activities consisting of joint research and studies, technology transfer, joint publications, lectures, and exchanges of information have been implemented. Activities Under the agreement, individual projects are connected by three networks: ecosystem health; remediation of contaminated soil, sediment, and water; and energy and water transfer in Compendium of International Environmental Agreements – 2008 226 climate systems. Projects have focused on atmosphere, ecotoxicology, microbiology, water and sediments, and remediation. One of the major topics being studied in the biological response field is the loading of nutrients in waterways. The objective of one study is to develop and validate an integrated biomonitoring method for assessing non-point loadings on selected waterways in Germany and Canada. In-situ test methods for nutrient limitation were tested and adapted in Germany. The project also contributes to the scope of growth concept, and has links to effects monitoring (e.g., monitoring the role of contaminants in reproductive dysfunctions in fish). Another joint project is a study to evaluate the presence of endocrine disrupters in the environment and to detect the responses in selected fish species of economic and ecological value to both countries. A vitellogenin assay for fish of similar species in Canada and Germany is to be developed. The production of antibodies specific to fish species found in both countries will be mutually beneficial in addressing the endocrine disrupter problem. A very promising approach based on quantifying immunosuppressive effects in organisms and populations is being developed, which will make an important contribution to ecosystem health assessment. By means of measurements and the comparison of immunological and biochemical endpoints to assess their performance in detecting metabolic responses in shellfish exposed to pollution gradients in Canada and Germany, this approach will contribute to the understanding of the risk potential to the environment. This new test procedure on immunological resistance of mussels is increasingly required by government authorities, and this summarizing effect parameter will provide authorities with a powerful new parameter to promote a sustainable public water management plan and environmental management in general. In fall 2005, a meeting took place under the network for ecosystem health in Potsdam, Germany. More recently, a special session was held at the Aquatic Toxicity Workshop (ATW) -2006, as suggested by the German partners, on the topic of “Toxicology meets Compendium of International Environmental Agreements – 2008 227 ecotoxicology: narrowing the gap between environmental and human health issues.” The workshop session was held under the auspices of the Ecosystem Health Network and took place October 1–6 , 2006, in Canada. Progress has been made in several informal collaborations involving scientists from partner countries. Dr. G. Huschek and Professor P.D. Hansen at the Technical University at Berlin in collaboration with Dr. J. Sherry at Environment Canada’s National Water Research Institute (NWRI) have made progress in the use of a QTOF-MS method that they originally developed for use with rainbow trout to measure biomarker proteins in feral fish taken from Great Lakes Areas of Concern. Dr. K. Schirmer of the Centre for Environmental Research (UFZ) in Leipzig and Dr. J. Sherry of NWRI are using ceramic dosimeters that were developed in Germany to study the progress of the Randle Reef remediation project in Hamilton Harbour. The Randle Reef area is heavily contaminated with ITER polynuclear aromatic hydrocarbons (PAHs). The dosimeters are passive sampling devises that can be deployed in the water column and in the sediment for periods of up to one year. The dosimeters absorb PAHs and other hydrophobic substances. For the most part, however, activity under the agreement since 2005 has been less frequent due in large part to the lack of a sponsoring agency in Germany. Other Canada–Germany scientific activities include Canada Meets Germany (CMG) – A Forum for Young Leaders, which took place in Montreal October 20, 2006. The theme was renewable energy. The CMG works to strengthen the bilateral ties between both countries and to serve as a source of expertise on topics pertinent to Canada and Germany. Its aim is to develop lasting relationships between future leaders from Canada and Germany in the fields of politics, academia, science, media, business, and culture. Contacts Science and Technology Branch, Environment Canada Telephone: (905) 336-4625 and (905) 336-4813 Compendium of International Environmental Agreements – 2008 228 Facsimile: (905) 336-6444 Web Site http://www.ecosystem-health-network.de/ Compendium of International Environmental Agreements – 2008 229 Agreement between the Government of Canada and the Government of Japan on Cooperation in Science and Technology Status Entered into force May 7, 1986 Lead Department Foreign Affairs and International Trade Canada Subject Category Cooperation Summary This agreement aims to broaden the scope of scientific and technological cooperation between Canada and Japan. It provides the framework for the exchange of researchers and students, collaboration on joint projects, exploration of new areas for cooperation, and the exchange of policy and program information. Some 200 collaborative projects in a wide range of fields are recognized under the agreement. The agreement is managed by the Canada–Japan Joint Committee on S&T Cooperation, which meets every two years. Panels and workshops are the two principal mechanisms for advancing cooperation. The Joint Panel on Space Science guides a comprehensive program of collaborative research in microgravity, earth observation, space science, and new space technologies. The recently established Joint Panel on Earth Science and Environment in the North Pacific coordinates bilateral projects addressing global environmental challenges. Activities The key priority areas in which Japan and Canada have significant interaction already or are expected to have in the future are (in no particular order) as follows: Compendium of International Environmental Agreements – 2008 230 - earth science and environmental variations, including Arctic research - nuclear and energy-related science, including the ITER (International Thermonuclear Experimental Reactor) project - space science. Environment Canada participates in bilateral S&T research activities through the Meteorological Service of Canada and the Canadian Centre for Climate Modelling and Analysis, which primarily collaborate with the Japan Meteorological Institute and the Japan Meteorological Agency in projects such as climate modelling and simulation, experiments in the Arctic ozone layer, and climate change in the hydrologic cycle in snowy and cold regions. Contact Global Issues, Environment Canada Telephone: (819) 997-3844 Web Site http://www.dfait-maeci.gc.ca/tna-nac/can-jap-ecoframe-en.asp http://www.infoexport.gc.ca/science/agreements-en.htm Agreement between the Government of Canada and the Government of the Russian Federation concerning Environmental Cooperation Status Signed May 1993 Automatically renewed every four years Lead Department Environment Canada Compendium of International Environmental Agreements – 2008 231 Subject Category Cooperation Summary The Agreement between the Government of Canada and the Government of the Russian Federation concerning Environmental Cooperation aims to enhance environmental cooperation and assist Canadian industry in marketing its products, services, and technologies. It also serves to exchange views and consult on major global and regional environmental issues and on domestic environmental policies. Areas of cooperation identified in the agreement may include atmospheric monitoring issues, including climate change and its impacts; atmospheric ozone; air pollution; meteorology and climatology; protection of marine and freshwater environments; prevention of ground water and surface water contamination; environmental problems related to agriculture; conservation of ecosystems; waste management; environmental technologies; environmental monitoring and environmental quality assessment methods; environmental emergency response; environment and economics; environmental impact assessment; training and education; environmental laws and policies; and national environmental plans. Activities Under the 1989 Canada–Russia Agreement on Environmental Cooperation between the Government of Canada and the Government of the Union of Soviet Socialist Republics – now dissolved but which preceded the 1993 agreement with the Russian Federation – the Canada–Russia Mixed Environmental Commission (MEC) was established as an umbrella mechanism to provide direction and oversee bilateral cooperation. According to the agreement, the MEC is to meet annually, alternately in Canada and Russia, to direct the work and set the policy direction of the agreement. The MEC is also captured in the 1993 agreement. Compendium of International Environmental Agreements – 2008 232 The MEC has met only four times since 1989. The Fourth Meeting of the Canada–Russia Mixed Environmental Commission was held in Moscow, June 1–2, 2000. An objective of the meeting was to re-establish dialogue with Russia and engage in a high-level policy discussion on global and regional environmental issues. Potential areas for follow-up included climate change (e.g., joint work on emission inventories and small-scale energy efficiency projects) and enforcement of environmental legislation. Prior to the fourth meeting, the MEC met in Hull, Quebec, in 1995. However, it has not met since 2000, primarily because of operational challenges that have hindered its ability to meet as regularly as it initially intended. Other Canada–Russia environmental activities include cooperation on Northern issues. These featured prominently in the joint statement communicated by Prime Minister Stephen Harper of Canada and President Vladimir Putin of the Russian Federation during the G8 Summit Meeting (July 15, 2006). More specifically, both countries made a commitment to the welfare of Arctic communities and, as partners in the Arctic Council, agreed to continue to work together toward sound and sustainable Northern development. In addition, while Canada continues to develop and implement domestic programs to decrease anthropogenic emissions of mercury, Canada is also very active in advancing international action on mercury, since a large portion of atmospheric mercury deposited in Canada originates from foreign sources. Environment Canada has participated in the Arctic Council Action Plan “Mercury Project” with Russia, along with other Arctic countries. Since 2002, the project has included finalizing a regional mercury inventory and a separate Russian mercury assessment report. Current project activities include the selection of one of more pilot projects (in Russia) for demonstrating mercury emissions reductions. Environment Canada is also involved in the Global Partnership Program (GPP or GPX); a commitment made by G8 leaders in Kananaskis, Alberta, in 2002, which aims to address non-proliferation, disarmament, and nuclear safety in Russia and countries of the former Soviet Union and to counter weapons of mass destruction-based terrorism. Environmental considerations within the GPP include Arctic issues and sensitivities surrounding the Northern Compendium of International Environmental Agreements – 2008 233 environment, including circumpolar peoples, health and environmental linkages, and science and technology. Environment Canada is involved in reviewing research proposals of former Soviet weapons scientists submitted to the Moscow-based International Science and Technology Centre (ISTC) at which an Environment Canada official represents Canada on the ISTC Science Advisory Committee. Department representatives act as research collaborators on several ongoing ISTC projects. In light of this, a series of workshops between Environment Canada and Russian officials took place in 2006 and early 2007. Contact International Affairs Branch, Environment Canada Telephone: (819) 994-0148 Facsimile: (819) 953-7025 Web Site None Other Web Sites G8 (2006) http://en.g8russia.ru/ Arctic Council http://www.arctic-council.org/ Global Partnership Program http://www.dfait-maeci.gc.ca/foreign_policy/global_partnership/menu-en.asp Compendium of International Environmental Agreements – 2008 234 Agreement for Scientific and Technological Cooperation between the Government of Canada and the Government of the Republic of India Status Entered into force November 18, 2005 Lead Department Foreign Affairs and International Trade Canada Subject Category Cooperation Summary This agreement covers specific areas of S&T collaboration in research fields of mutual interest and benefit. The five themes initially covered under the agreement are nanoscience and nanomedicine, information and communication technology, biotechnology and health research and medical devices, sustainable and alternate energy and environmental technologies, and earth sciences and disaster management. Foreign Affairs and International Trade Canada does not expect funding for projects to start flowing until February/March 2007. Activities While individual Environment Canada scientists may be cooperating with counterparts in India, no activities are currently associated with this agreement. Environment Canada’s Terry McIntyre, Chief, Environmental Biotechnology Applications Division, is serving as the Canadian expert coordinator for the biotechnology theme of the agreement. Compendium of International Environmental Agreements – 2008 235 Web Site http://www.infoexport.gc.ca/science/india_home-en.htm Compendium of International Environmental Agreements – 2008 236 Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Chile Status Signed by the Government of Canada and the Government of Chile in February 1997 Entered into force July 1997 No expiry date Lead Department Environment Canada Subject Category Cooperation Summary The Canada–Chile Agreement on Environmental Cooperation (CCAEC) came into force in July 1997 at the time of the Canada–Chile Free Trade Agreement (CCFTA) and the Canada– Chile Agreement on Labour Cooperation (CCALC). Under the auspices of the CCAEC, Canada and Chile agree to enhance environmental cooperation and to effectively enforce environmental laws, such as those governing water, air, toxic substances, and wildlife. The goal of the agreement is to ensure that environmental laws and regulations in both countries provide for high levels of environmental protection. The agreement establishes the Canada–Chile Commission for Environmental Cooperation. This commission is composed of a council, a joint submissions committee, a joint public advisory committee (JPAC), and two national s, one in each country, that support the work of the commission. Compendium of International Environmental Agreements – 2008 237 Commitments Each party is committed to - ensuring high levels of environmental protection - striving to improve environmental laws and regulations - effectively enforcing environmental laws and regulations through appropriate government actions - publishing environmental laws, regulations, procedures, and administrative rulings - making available judicial, quasi-judicial, or administrative enforcement proceedings under a party's law to sanction or remedy violation of environmental laws and regulations - ensuring private access to remedies and procedural guarantees Canada and Chile are committed to - establishing national secretariats to support the work of the commission - having annual council sessions, including a public session and a meeting of the JPAC - approving and implementing an biannual work program and budget for the commission - addressing questions and differences that may arise between parties regarding interpretation - cooperating with the Canada–Chile Free Trade Commission to achieve the environmental goals of the Free Trade Agreement - responding to submissions on enforcement matters under Articles 14 and 15 of the agreement - party-to-party consultation and resolution of disputes Canada is responsible for half of the total costs of operating the Canada–Chile Commission for Environmental Cooperation, including the Canadian national secretariat. Action Required Compendium of International Environmental Agreements – 2008 238 Environment Canada is the lead. Other departments participate in cooperative activities. Environment Canada must help ensure that Canada meets its financial, national, and common obligations, as well as encourage provincial participation. Canada is bound for matters within federal jurisdiction and has committed to use its best efforts to encourage provinces to sign on to the Canada–Chile Agreement on Environmental Cooperation. Activities - The council meets annually. Secretariats have ongoing communication and meet at least twice a year. - The 2005–2007 biannual program of work includes joint activities in four main areas: environmental law enforcement and compliance; participation of civil society in environmental management; health and environment; and trade and the environment. - The JPAC provides advice to the council. Evidence of Compliance The national secretariat prepares an annual report containing information on how Canada is meeting its obligations. Contact International Affairs Branch, Environment Canada Telephone: (819) 953-6905 Facsimile: (819) 997-0199 Web Site http://can-chil.gc.ca/English/Default.cfm Compendium of International Environmental Agreements – 2008 239 Agreement on Environmental Cooperation between the Government of Canada and the Government of the Republic of Costa Rica Status Signed by the Government of Canada and the Government of the Republic of Costa Rica April 23, 2001 Entered into force November 1, 2002 No expiry date Lead Department: Environment Canada Subject Category: Cooperation Summary The Canada–Costa Rica Agreement on Environmental Cooperation (CCRAEC) is the environmental side agreement to the Canada–Costa Rica Free Trade Agreement. This environmental cooperation agreement seeks to foster the protection and improvement of the environment; to ensure effective enforcement of environmental laws and regulations; to enhance bilateral cooperation and promote sustainable development through mutually supportive economic and environmental policies; and to strengthen cooperation and promote transparency and public participation in the development of environmental laws, procedures, policies and practices. Under the auspices of the CCRAEC, Canada and Costa Rica commit to ensure that their laws provide for high levels of environmental protection and to effectively enforce those laws through appropriate government action. The CCRAEC also calls for the advance publication, to the extent possible, of proposed laws or regulations to allow the public to comment. Compendium of International Environmental Agreements – 2008 240 Commitments Canada and Costa Rica are obligated to - ensure that all laws, regulations, and administrative rulings respecting any matter covered by the agreement are promptly published or made publicly available - ensure that interested persons can request the investigation of alleged violations of environmental laws and that these requests be given due consideration in accordance with its law - ensure that interested persons can access judicial, quasi-judicial, or administrative enforcement proceedings - ensure a process is in place to submit written questions to either party with respect to the enforcement of their environmental laws and regulations - meet at least every two years to review progress on implementation - establish a point of contact for communications between the parties and from the public Action Required Environment Canada is the lead. Other departments and agencies at the federal and provincial levels participate in cooperative activities with Costa Rica. Environment Canada must strive to ensure that Canada meets its financial, national, and common obligations, as well as encourage provincial and territorial participation. Canada is bound for matters within federal jurisdiction and has committed to use its best efforts to encourage provinces to sign on to the CCRAEC. Activities Activities included the following: - July 2004: fact-gathering mission on innovative instruments of environmental management Compendium of International Environmental Agreements – 2008 241 - June 2004: workshop on capacity building, trade and environment, and governmental /round table discussion - March 2004: detailed study of Costa Rica’s chemical management capacity - December 2003: workshop on pollutant release and transfer registries There have been no activities since July 2004. Evidence of Compliance Environment Canada is meeting the obligations set out in the CCRAEC. Contact International Affairs Branch, Environment Canada Telephone: (819) 953-6905 Facsimile: (819) 997-0199 Web Site http://www.ec.gc.ca/international/costarica/index_e.htm Compendium of International Environmental Agreements – 2008 242 Agreement on Environmental Cooperation between the Government of Canada and the United Mexican States Status Signed March 19, 1990 Lead Department Environment Canada Subject Category Cooperation Summary The Canada–Mexico Agreement on Environmental Cooperation was designed to provide a framework for cooperation on a number of environmental issues, including atmospheric environment, ecosystems, water, wastes, emergencies, and sustainable development. A steering committee, co-chaired by Environment Canada and the Mexican Ministry of Environment and Natural Resources (SEMARNAT), is responsible for overseeing the implementation of the agreement. Activities Cooperation was very active between 1992 and 1995 under the Canada–Mexico Environmental Cooperation Program, funded by Foreign Affairs and International Trade Canada (DFAIT) and managed jointly with Environment Canada. This initiative had two main objectives: to assist in the development and enforcement of Mexico’s environmental legislation and to demonstrate Canadian expertise in environmental management and technology. Compendium of International Environmental Agreements – 2008 243 In December 1996, the work plan featured 14 projects in environmental management, conservation, and technologies. The Americas Directorate of the International Affairs Branch is responsible for the overall coordination of the agreement and the relations with SEMARNAT. There have been no further activities under the agreement since 1996. For the last decade, focus has been on trilateral activities. Contact Americas Directorate, International Affairs Branch, Environment Canada Telephone: (819) 953-6905 Facsimile: (819) 997-0199 Web Site http://www.ec.gc.ca/international/bilat/mexico_e.htm Compendium of International Environmental Agreements – 2008 244 Canada–China Framework Statement for Cooperation on Environment into the 21st Century Status Signed November 1998 Lead Department Environment Canada Subject Category Cooperation Summary The Canada–China Framework Statement for Cooperation on Environment into the 21st Century was signed during Premier Zhu Rongji's visit to Canada and reflects a shared interest in enhancing cooperation on environmental and sustainable development issues. It provides an umbrella for collaboration on the environment, especially climate change and sustainable development, through the coordination of all federal efforts with China on environmental and sustainable development issues. Activities Under the framework statement, the two countries have established the Canada–China Joint Committee on Environment Cooperation (JCEC) as a forum to discuss environmental issues. Environment Canada and the Chinese State Environmental Protection Administration (SEPA) are the key coordinating agencies for the JCEC. They are also the state co-chairs for the meetings at the director general level. Several departments and agencies on the Canadian side (e.g., Foreign Affairs and International Trade Canada, the Canadian International Development Agency, Industry Canada, and the Environmental Assessment Agency) and Compendium of International Environmental Agreements – 2008 245 Chinese ministries and administrations (e.g., Ministry of Foreign Affairs, Ministry of Science and Technology) participate in the JCEC. The JCEC held its inaugural meeting March 20–21, 2000. The fifth meeting took place in Xi’an in April 2006 and focused its policy discussion on environmental impact assessments; environmental emergencies and preparedness; greening the Olympics; and cooperation with environmental industries. Previous meetings have focused on a range of topics, including air pollution, environmental legislation, and sustainable urbanization. Follow-up to the JCEC is carried out under the Environment Canada–SEPA Memorandum of Understanding on Environmental Cooperation. Contact Bilateral Affairs Division, Environment Canada Telephone: (819) 994-0989 Web Site http://www.ec.gc.ca/international/bilat/china_e.htm Compendium of International Environmental Agreements – 2008 246 Canada–South Africa Joint Declaration of Intent on Strengthened Bilateral Cooperation Status Signed November 4, 2003 Renewable Lead Departments Foreign Affairs and International Trade Canada and Environment Canada Subject Category Cooperation Summary Canada and South Africa signed a joint declaration on November 4, 2003, during the visit of President Thabo Mbeki to Canada. The declaration provides a new framework for cooperation in a number of areas, including enhanced cooperation on climate change. Canada and South Africa confirmed their commitment to strengthening their partnership on environmental issues, especially with respect to the United Nations Framework Convention on Climate Change and the Kyoto Protocol. Both governments recognized the need to enhance cooperation on climate change through policy dialogue, through cooperation on capacity building by seeking expansion of the Clean Development Mechanism projects in support of sustainable development in South Africa, and by helping South Africa to address its problem of desertification. Activities Compendium of International Environmental Agreements – 2008 247 As a follow-up to the joint declaration, representatives from Environment Canada and Foreign Affairs and International Trade Canada visited South Africa in August 2004. The objectives of the mission were to initiate a dialogue with the South African government; to establish formal communications between the two governments and civil society, including influential organizations and international bodies; to explore the state of the Clean Development Mechanism (CDM) readiness in South Africa; and to explore opportunities for CDM project development. Contact Climate Change International, International Affairs Branch, Environment Canada Telephone: (819) 953-9483 Web Site None Compendium of International Environmental Agreements – 2008 248 Cooperative Arrangement between the National Industrial Chemicals Notification and Assessment Scheme (NICNAS) of Australia and the Minister of Environment Canada (EC) and the Minister of Health Canada (HC), on the Subject of Sharing Information on New Industrial Chemicals Status The New Substances Program is in the process of renewing the arrangement. Lead Department Environment Canada Subject Category Cooperation Summary The arrangement includes exchanging information on both Canadian and Australian new chemical regimes, working cooperatively through projects of mutual benefit, sharing assessment and management-related resources, and adopting, when desirable and where possible, consistent practices and regulatory approaches. It is in keeping with many international efforts aimed at learning from each other's expertise. Activities Implementation of this arrangement will be achieved through a cooperative work program (outlined in a work plan) and adopted on an annual basis. The work program addresses six specific areas of cooperation as outlined below: - Expanding knowledge and information sharing – involves increasing knowledge and building confidence in each country’s assessment programs by exchange of Compendium of International Environmental Agreements – 2008 249 assessment reports, summaries of underlying test data, model results, program guidelines, policies, and related information. In some cases, it might result in existing systems being modified to be more conducive to such exchanges. - Scientific and regulatory consultative services – enables participants' experts to consult on scientific and regulatory aspects of notifications submitted to either or both countries, including industrial chemical identity, listing of industrial chemicals on domestic inventories, interpretation and validation of test and predicted data, and risk management options. - Work sharing on co-notifications – enables participants to negotiate sharing of tasks associated with the assessment of notifications submitted simultaneously in both countries by one or more industries. - Advancing scientific tools – concerns the development of models, databases, and other scientific resources in support of effective and valid assessments. - Staff development – includes staff exchanges and joint training programs, where appropriate and achievable. - Special projects – includes projects that support meaningful initiatives such as those emerging under the Organisation for Economic Cooperation and Development (OECD) Task Force on New Chemicals. In addition, the participants will communicate on a regular basis, in the form of reports, electronic mail, telephone conferences, or meetings concerning, each area of cooperation. Contact New Substances Division, Environment Canada Telephone: (819) 997-4336 Compendium of International Environmental Agreements – 2008 250 Web Site http://www.ec.gc.ca/substances/nsb/eng/home_e.shtml Compendium of International Environmental Agreements – 2008 251 Joint Statement between the Government of Canada and the Government of the People’s Republic of China on Strengthened Dialogue and Future Cooperation on Climate Change Status Signed October 22, 2003 Lead Departments Environment Canada and Foreign Affairs and International Trade Canada Subject Category Climate Change Summary The joint statement reaffirms both Canada's and China’s commitment to implementing existing bilateral agreements and affirms their mutual interest in strengthening the partnership between them on the United Nations Framework Convention on Climate Change and the Kyoto Protocol. Both countries commit to enhancing the policy dialogue on such issues as the Clean Development Mechanism, clean technology, public awareness, energy efficiency and renewable energy, capacity building, climate science impacts and adaptation, and other climate change issues. Activities Participants have established the Climate Change Working Group (CCWG), which is led on the Canadian side jointly by Environment Canada and Foreign Affairs and International Trade Canada and on the Chinese side jointly by the National Development and Reform Commission (NDRC) and the Ministry of Foreign Affairs. Compendium of International Environmental Agreements – 2008 252 Canada will host the next meeting of the CCWG in spring 2007. Contact Climate Change International, International Affairs Branch, Environment Canada Telephone: (819) 953-9483 Web Site None Compendium of International Environmental Agreements – 2008 253 Joint Statement between the Department of the Environment of Canada and the Ministry of Environment and Natural Resources of the United Mexican States on Strengthened Dialogue and Cooperation on Climate Change Status Signed by the Government of Canada and the Government of Mexico December 8, 2005 No expiry date Lead Department Environment Canada Subject Category Climate Change Summary The objectives of the joint statement include the following: - to strengthen, broaden, and deepen efforts to combat climate change and to support strong, sustainable growth - to cooperate in international climate change negotiations with a view to developing an approach to future international cooperation - to confirm mutual interest in strengthening the partnership between the two countries through enhanced cooperation in the areas of - the Clean Development Mechanism - adaptation - technology development and deployment opportunities - raising public awareness about climate change Compendium of International Environmental Agreements – 2008 254 The joint statement established the Joint Working Group on Climate Change Cooperation led on the Canadian side jointly by Environment Canada and Foreign Affairs and International Trade Canada and on the Mexican side by the Ministry of Environment and Natural Resources (SEMARNAT). No specific funding set aside Activities Discussions on identifying members of the climate change working group have begun. Contact Climate Change International, International Affairs Branch, Environment Canada Telephone: (819) 953-9483 Web Site http://www.ec.gc.ca/international/bilat/mexico_e.htm Compendium of International Environmental Agreements – 2008 255 Exchange of Letters between Canada and the European Commission on Environmental Cooperation Signed November 6, 1975 Lead Department Environment Canada Subject Category Cooperation Summary Canada’s environmental relations with the European Commission were confirmed in 1975 with the signing of an exchange of letters on environmental cooperation. The purpose of the exchange is to facilitate exchanges of environmental information and expertise in areas of common interest such as the evaluation of risks to human health and the environment from pollution; the establishment of quality objectives in dealing with environmental pollution, particularly in the areas of water pollution; and protection of the natural environment. The structural framework for cooperation consists of four elements: cooperation at the expert level on specific subjects; ad hoc cooperation; exchanges of views at the occasion of international environmental meetings; and participation by experts in technical symposia. Activities Over the years, Canada and the European Commission have established a series of mechanisms for policy consultations to address a number of issues of mutual interest, including the environment. High-level consultations on environmental policy were held until 1983 and then restarted in 1991. These meetings currently take place roughly every 18 Compendium of International Environmental Agreements – 2008 256 months, alternately in Brussels (Belgium) and Gatineau (Quebec), between the Deputy Minister of Environment Canada and the Director General for Environment at the European Commission. The Canada–European Commission High-Level Meeting on Environment is an opportunity for informal strategic discussions on topical environmental issues of a bilateral or multilateral nature. These consultations tend to take place in an informal setting so as to encourage frank and open discussion on a range of domestic and international environmental issues of common interest, to exchange views on respective approaches, and to identify possible areas for future cooperation. The most recent Canada–European Commission High-Level Meeting on Environment took place in Brussels on March 6, 2006. A number of issues (e.g., chemicals, waste, biodiversity, and climate change) were discussed. The next meeting will be hosted by Canada and is tentatively scheduled to take place in September 2007 in Gatineau, Quebec. Contact International Affairs Branch, Environment Canada Telephone: (819) 994-0989 Facsimile: (819) 953-7025 Compendium of International Environmental Agreements – 2008 257 Memorandum of Understanding between Canada and Brazil on Cooperation in the Area of Climate Change Initiatives including the Clean Development Mechanisms Status Signed by the Government of Canada and the Government of Brazil and entered into force on November 23, 2005 Renewed automatically every 5 years Lead Department Foreign Affairs and International Trade Canada Subject Category Climate Change Summary This memorandum of understanding (MOU) was created to help foster cooperation in the area of climate change, provide a forum for regular bilateral consultation, facilitate the development and implementation of projects that reduce net greenhouse gas emissions, and exchange information on national programs. In addition, this MOU provides for the establishment of a bilateral working group. Activities None to date Contact Climate Change International, International Affairs Branch, Environment Canada Telephone: (819) 953-9483 Compendium of International Environmental Agreements – 2008 258 Web Site None Compendium of International Environmental Agreements – 2008 259 Memorandum of Understanding between China Meteorological Administration (CMA), People’s Republic of China, and Meteorological Service of Canada (MSC), Environment Canada, Canada on Cooperation in Science and Technology Related to Meteorology, Hydrology, Environmental Predictions and Climate Change Status Signed June 1, 1986, as the MOU on Cooperative Meteorological Matters Signed October 23, 2001 Lead Department Environment Canada Subject Category Cooperation/Meteorology Summary This memorandum of understanding (MOU) builds on the successful history of the MOU on Cooperative Meteorological Matters. Based on equality, mutual benefits, and reciprocity, the Meteorological Service of Canada (MSC) and the China Meteorological Administration (CMA) wish to improve the application of science and technology as they relate to meteorology, hydrology, environmental predictions, and climate change toward mitigating the social and economic risks and impacts caused by vulnerabilities to atmospheric and climate change and variability including extreme events. The purpose of this MOU is to improve cooperation in science and technology related to the fields of meteorology, hydrology, environmental predictions and climate change undertaken by the CMA and MSC and their cooperators. This cooperation is desirable to enhance and Compendium of International Environmental Agreements – 2008 260 maximize capabilities in these areas in both countries and to encourage collaboration for mutual benefit. Activities Work plans are developed jointly by MSC and CMA. A joint working group (JWG) meets every two years to review progress on the current work plan and to agree on a work plan for the following two years. The last JWG meeting took place in Canada in September 2006. Projects included on previous work plans have included a study on network design for urban observations; development of new techniques for air quality prediction and monitoring; an air quality workshop; wind energy mapping; co-sponsorship of a climate change adaptation workshop; and senior management training. Contact Global Issues, Environment Canada Telephone: (819) 997-3844 Web Site None Compendium of International Environmental Agreements – 2008 261 Memorandum of Understanding between the Government of Canada and the Government of the Federative Republic of Brazil on Environmental and Sustainable Development Consultations and Cooperation Status Signed by the Government of Canada and the Government of Brazil and entered into force November 26, 1996 Renewed automatically every 5 years Lead Department Environment Canada Subject Category Cooperation Summary The objectives of the memorandum of understanding (MOU) include the following: - cooperation and information exchange related to sound environmental technologies and their application in areas of mutual concerns - exchange of experience on instruments for environmental policy and management - the sharing of perspectives and positions on key environmental issues - consultations on efforts of international and regional bodies dealing with the environment and sustainable development To further the objectives mentioned above, this MOU provides for the following: - the establishment of a Joint Environmental Committee, co-chaired by Environment Canada and Industry Canada for Canada and the Ministry of External Relations for Brazil Compendium of International Environmental Agreements – 2008 262 - annual consultations, alternating in Canada and in Brazil, with the participation of senior officials of each country’s foreign affairs and environment ministries and other government agencies. There is no specific funding set aside for the MOU. Activities Under the framework of the MOU, one consultative meeting was held in Ottawa in 1997; environment ministers from Canada and Brazil met at the 11th Session of the Commission on Sustainable Development (CSD 11) in 2003; and two policy dialogues have taken place. On October 3–4, 2005, a Canada–Brazil policy dialogue took place in Ottawa with senior environmental officials from Brazil. Discussions were held on climate change, forestry, multilateral environmental institutions, biodiversity, overfishing, and biosafety. As well, in August 2004, Canadian and Brazilian foreign affairs and environment officials met in Brasilia, Brazil, to discuss issues including the Cartagena Protocol on Biosafety, the Convention on Biodiversity, the Rotterdam Convention on Prior Informed Consent, health and environment, forestry issues, and international environmental governance. Contact International Affairs Branch, Environment Canada Telephone: (819) 994-3406 Facsimile: (819) 997-0199 Web Site http://www.ec.gc.ca/international/bilat/brazil_e.htm Compendium of International Environmental Agreements – 2008 263 Memorandum of Understanding between the Minister of Environment of Canada and the Federal Minister for the Environment, Nature Conservation and Nuclear Safety of the Federal Republic of Germany on Environmental Cooperation Status Signed September 17, 1990 Automatically renewed every four years Lead Department Environment Canada Subject Category Cooperation Summary In 1990, a memorandum of understanding (MOU) on environmental cooperation was signed between Environment Canada and the German Ministry of Environment, Nature Conservation and Nuclear Safety with a view to strengthening cooperation on environmental policy. As identified in the MOU, cooperation will take place through the exchange of information and consultation on major global environmental issues and other mutually decided upon international environmental topics. Information will also be exchanged on domestic environmental issues, including environmental polices, programs, and initiatives; monitoring, impact assessment; research; and legal and administrative questions. Other forms of cooperation may include, inter alia, research and development projects, exchanges of personnel, and the joint promotion of measures to protect the environment. Areas of cooperation identified in the MOU include climate change; environment and energy; environment and economy; sustainable development; West–East environmental issues; Compendium of International Environmental Agreements – 2008 264 North–South environmental issues; protection of the aquatic, atmospheric, and terrestrial environment; and nature conservation. Activities While scientific and technological activities took place under the Science and Technology Agreement between Canada and Germany (1971), policy exchanges under the MOU on environmental cooperation have been less frequent. Currently, there is no bilateral activity under the MOU. Contact International Affairs Branch, Environment Canada Telephone: (819) 994-0989 Facsimile: (819) 953-7025 Web Site None Compendium of International Environmental Agreements – 2008 265 Memorandum of Understanding between the Government of Canada and the Government of the Republic of Trinidad and Tobago Concerning the Provision of Technical Expertise in Areas of Environmental Management Status Signed in October 1996 Lead Department Environment Canada Subject Category Cooperation Summary The purpose of this memorandum of understanding (MOU) is to provide technical expertise in environmental management. Activities The Science and Technologies Strategies Directorate, in consultation with Americas Directorate, is the coordinator for the implementation of the MOU. The only bilateral cooperation activity was in 1996, when an Environment Canada official facilitated a workshop in Trinidad and Tobago on greening government operations. There have been no further activities under the agreement since 1996. Contact International Affairs Branch, Environment Canada Telephone: (819) 994-3406 Facsimile: (819) 997-0199 Compendium of International Environmental Agreements – 2008 266 Web Site None Compendium of International Environmental Agreements – 2008 267 Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Environment of the Republic of Korea Status Expired Lead Department Environment Canada Subject Category Cooperation Summary In September 1995, Environment Canada and the Ministry of Environment of the Republic of Korea signed a memorandum of understanding (MOU) on environmental cooperation. The MOU established a framework for environmental cooperation with a view to improving environmental cooperation in both countries, mainly in the areas of clean technologies, environmental impact assessment, public education and awareness, and atmospheric issues. Activities In the past, the Pacific and Yukon Region of Environment Canada hosted, as part of an exchange program, senior officials from Korea who focused their studies on environmental impact assessment and sustainable development. The Pacific and Yukon Region also hosted a two-week study tour for 10 senior officials from the Korean Ministry of Environment to exchange information on environmental policies and management approaches in ecosystem management. Environment Canada collaborated with Foreign Affairs and International Trade Compendium of International Environmental Agreements – 2008 268 Canada to organize a Canadian environmental mission to Seoul. Canada and Korea cohosted symposiums on marine environment and on harbour and coastal management. Contact Pacific and Yukon Region, Environment Canada Telephone: (604) 664-9119 Web Site http://www.ec.gc.ca/international/bilat/korea_e.htm Compendium of International Environmental Agreements – 2008 269 Memorandum of Understanding for Scientific and Technical Cooperation in the Field of the Environment between Environment Canada and the French Ministry Attached to the Prime Minister Responsible for the Environment and the Prevention of Major Technological and Natural Risks Status Signed February 1, 1991; automatically renewed every four years Lead Department Environment Canada Subject Category Cooperation Summary The purpose of this memorandum of understanding (MOU) is to exchange scientific and technical information on, inter alia, programs, relevant policies and regulations, significant research, monitoring, socio-economic implications, training, and communications in key areas, including the following: - management of major rivers - management of major lakes - metrology and hydrological monitoring - contamination of the aquatic environment - remote sensing and processing of applied environmental data - domestic and industrial wastewater treatment - the functioning of ecosystems - protection of genetic heritage (fauna-flora) Compendium of International Environmental Agreements – 2008 270 - meteorology - management of parks, historic sites and other protected areas - management of waste and contaminated soil Activities While annual consultation meetings took place at regular intervals during the 1990s, recent exchanges between the two countries have taken place on an ad hoc basis, mainly at the scientific level. For example, Canadian and French collaborators have been involved in the validation of a protozoan toxicity test, optimization of a genotoxicity screening tool, development of a miniaturized phytotoxicity assay, technology transfer of a hydra-based toxicity test, and a review of phytotoxicity tests useful in the assessment of aquatic contamination. In turn, many of these activities resulted in scientific publications in acclaimed academic journals such as Environmental Toxicology and the Journal of Applied Toxicology. During the 2002–2005 period, activities involved investigations on the hazards of nonphenol, a review of articles in ecotoxicology, editing a book on aquatic toxicological tools and strategies, and publishing a detailed article on a microplate toxicity technique in small-scale freshwater toxicity investigations. In 1997, Canada and France signed a declaration of enhanced partnership. Both countries made a commitment to revive bilateral consultations on their environment policies under the MOU on scientific and technological cooperation, as well as enhance the effectiveness of their multilateral activities through such means as information exchanges when preparing for major multilateral conferences. Contacts International Affairs Branch, Environment Canada Telephone: (819) 994-0989 Facsimile: (819) 953-7025 Science and Technology Branch, Environment Canada Compendium of International Environmental Agreements – 2008 271 Telephone: (514) 283-2509 Web Site None Compendium of International Environmental Agreements – 2008 272 Memorandum of Understanding on Environmental Cooperation between the Department of the Environment of Canada and the Ministry of Science, technology and Environment of the Kingdom of Thailand Status Signed in 1997 Automatically renewed every 3 years Lead Department Environment Canada Subject Category Cooperation Summary The purpose of this memorandum of understanding (MOU) is to reinforce the friendly ties and cooperative activities that exist between Canada and Thailand and to exchange experience, knowledge, technologies, and methodologies in the field of the environment. Activities In the past, the Pacific and Yukon Region of Environment Canada collaborated with a Canadian consulting firm to conduct an external audit of the pulp mill industry in Thailand. Also, departmental officials participated in three audits in Thailand as part of a project plan to train Thai inspectors on audit procedures. There has been no recent action under this MOU. Contact Bilateral Affairs Division, Environment Canada Compendium of International Environmental Agreements – 2008 273 Telephone: (819) 994-0989 Web Site None Compendium of International Environmental Agreements – 2008 274 Memorandum of Understanding on Environmental Cooperation between the Department of Environment of Canada and the State Environmental Protection Administration of China Status Signed in 1993 with China’s National Environmental Protection Agency (now called the State Environmental Protection Administration) Renewed every 5 years; last renewed 2003 Lead Department Environment Canada Subject Category Cooperation Summary This memorandum of understanding (MOU) provides a framework for cooperation on regional and global environmental issues with a focus on transboundary air and toxic substance control, water resource management, smart growth and sustainable development, environmental management policies and regulations, ecosystem and biodiversity protection, and the transfer of clean technologies. Annual work plans are developed in consultation with Environment Canada’s Chinese partners to implement the MOU through workshops, missions, exchanges of information, hosting Chinese officials, and study tours. Activities To date, projects and policy discussions under the MOU have focused on the management of toxic chemicals and hazardous waste, climate change, ozone depletion, transboundary air issues (i.e., mercury) migratory species and wetlands protection, freshwater ecosystems, the Compendium of International Environmental Agreements – 2008 275 importance of sustainability and greening in government operations, the demonstration and transfer of Canadian environmental technology and expertise, education and capacity building, emergency preparedness, and the adoption of an environmental impact assessment processes. Contact Bilateral Affairs Division, Environment Canada Telephone: (819) 994-0989 Web Site http://www.ec.gc.ca/international/bilat/china_e.htm Compendium of International Environmental Agreements – 2008 276 Memorandum of Understanding on Environmental Collaboration between the Department of the Environment of Canada and the Planning, Environment and Lands Bureau of the Hong Kong Special Administrative Region of the People’s Republic of China Status Signed 1992 Renewed in 2003 for 5 years Lead Department Environment Canada Subject Category Environmental cooperation Summary In September 2003, Environment Canada and the Planning, Environment and Lands Bureau of the Hong Kong Special Administrative Region of the People’s Republic of China signed a memorandum of understanding (MOU) on environmental cooperation. The MOU establishes a framework for environmental cooperation with a view to improving environmental cooperation in both countries, mainly in the areas of sustainable development, air quality management and monitoring, water management, nature conservation, climate change, greenhouse gas emission reduction, transfer of Canadian environmental technologies, public awareness and engagement, environmental science and technology research, environmental law development and enforcement, management of toxics and waste, and capacity building. Activities Compendium of International Environmental Agreements – 2008 277 In the past, the Pacific and Yukon Region of Environment Canada co-led a Trade Team Canada Environmental Mission. Also, the Pacific and Yukon Region hosted an Environmental Impact Assessment (EIA) Workshop and participated in a seminar in Hong Kong on the protection of natural resources and the control of trade of endangered species. There has been no recent action under this MOU. Contact Pacific and Yukon Region, Environment Canada Telephone: (604) 664-9119 Web Site http://www.ec.gc.ca/international/bilat/hongkg_e.htm Compendium of International Environmental Agreements – 2008 278 Memorandum of Understanding between the Government of Canada and the Government of India on Climate Change initiatives, including Clean Development Mechanism Projects Status Signed December 8, 2005 Valid for five years; can be terminated earlier by either party by providing six months' notice. Lead Department Foreign Affairs and International Trade Canada Subject Category Climate Change Summary This memorandum of understanding (MOU) is intended to facilitate cooperation on climate change initiatives between Canada and India (the parties) and pursue joint projects that reduce net greenhouse gas emissions. Both countries will encourage market-oriented deployment of greenhouse gas mitigation technologies, including renovation and modernization of old thermal power plants; energy efficient and renewable energy technologies and sustainable practices that promote the safeguarding and and/or enhancement of sinks and carbon pools; and the exchange of information on national programs. This MOU does not commit the parties to provide any financial resources towards the development and implementation of Clean Development Mechanism projects and activities. Activities Compendium of International Environmental Agreements – 2008 279 This MOU builds bridges for Canadian companies to demonstrate their environmental capabilities. - The Government of Canada is promoting and supporting opportunities for Canadian companies to participate in projects. - Canadian companies, like those from other countries over the world, are anxious to prove themselves within India’s emerging economy. - Both the need and the demand for quality environmental technologies and sustainable practices are increasing with the pace of development. - The value of environmental quality for the health of our citizens is priceless while the cost of environmental degradation is prohibitively expensive for future generations. Contact Climate Change International, International Affairs Branch, Environment Canada Telephone: (819) 953-9483 List of Acronyms AES Atmospheric Environment Service AIHTS Agreement on International Humane Trapping Standards AMP Applications of Meteorology Programme AMS American Meteorological Society AREP Atmospheric Research and Environment Programme ATW Aquatic Toxicity Workshop CCME Canadian Council of Ministers of the Environment CCRAEC Canada–Costa Rica Agreement on Environmental Cooperation Compendium of International Environmental Agreements – 2008 280 CCWG Climate Change Working Group CEPA Canadian Environmental Protection Act CIS Canadian Ice Service CITES Convention on International Trade in Endangered Species of Wild Fauna and Flora CLC Convention on Civil Liability for Oil Pollution Damage CLC International Convention on Civil Liability for Oil Pollution Damage CLCS Commission on the Limits of the Continental Shelf CMA China Meteorological Administration CSSP Canadian Shellfish Sanitation Program EIA Environmental Impact Assessment EMEP European Monitoring and Evaluation Programme ETR Education and Training) FAO Organisation pour l’agriculture et l’alimentation GLP Good laboratory practice GPP Global Partnership Program HNS Hazardous and noxious substances HWR Hydrology and Water Resources ICCA International Council of Chemical Associations IIP International Ice Patrol IMO International Maritime Organization ISTC Moscow-based International Science and Technology Centre Compendium of International Environmental Agreements – 2008 281 ITER International Thermonuclear Experimental Reactor ITLOS International Tribunal for the Law of the Sea JCEC China Joint Committee on Environment Cooperation JEERT Joint Environmental Emergency Response Team JIWG Joint Ice Working Group LRTAP Long-Range Transboundary Air Pollution MAD Mutual Acceptance of Data MARPOL Convention for the Prevention of Pollution from Ships MOU Memorandum of understanding MPD Minimum Pre-Market Set of Data MSC Meteorological Service of Canada NACECNorth American Commission for Environmental Cooperation NAFO North Atlantic Fisheries Organization NOAA National Atmospheric and Oceanic Administration NOAA National Oceanic and Atmospheric Administration NPRI National Pollutant Release Inventory NSNR New Substances Notification Regulations NWS National Weather Service OECD Economic Cooperation and Development PAH Polynuclear Aromatic Hydrocarbons PCB Polychlorinated Biphenyl Compendium of International Environmental Agreements – 2008 282 PIC Prior Informed Consent POP Persistent Organic Pollutant PSL Priority Substances List RP Regional Programme SCC Standards Council of Canada SRAD Science and Risk Assessment Directorate TCO Technical Cooperation) TSMP Toxic Substances Management Policy UNECE The United Nations Economic Commission for Europe UNFCCC United Nations Framework Convention on Climate Change USCG United States Coast Guard WCP World Climate Programme WSP World Space Programme WWW World Weather Watch Compendium of International Environmental Agreements – 2008 283 CONTACT LIST BRANCH AIR PHONE Air Emissions Priorities, Environmental Stewardship Branch, Environment Canada (819) 994-3655 Environmental Stewardship Branch, Environment Canada (819) 956-5263 BRANCH BIODIVERSITY PHONE Access and Benefit Sharing, Integrated Ecosystem Management, Environment Canada (819) 956-9885 Bilateral Affairs, Environment Canada (819) 994-0148 Canadian Wildlife Service, Environment Canada Department of Foreign Affairs and International Affairs Environmental Stewardship Branch, Environment Canada Fish, Seafood and Production Division, Canadian Food Inspection Agency Indian and Northern Affairs Canada International Wildlife Trade Division, Canadian Wildlife Service, Environment Canada (National Capital Region) FAX (819) 953-8963 FAX (780) 435-7208 (780) 435-7359 (613) 992-6115 (613) 944-0034 (819) 953-0289 (819) 953-7682 (613) 221-7028 (819) 997-9208 (819) 997-3554 1 800 668-6767 (819) 953-6283 Multilateral an Bilateral Affairs Directorate, Environment Canada (819) 994-0989 (819) 994-6227 National Marine Water Quality Monitoring Office, Environment Canada (514) 283-5869 Pacific and Yukon Canadian Wildlife Service, Environment (867) 667-3929 Compendium of International Environmental Agreements – 2008 284 Canada Population Conservation and Management, Environment Canada (819) 953-1422 Prairie and Northern Region, Canadian Wildlife Service, Environment Canada (780) 435-7349 CHEMICALS PHONE BRANCH Chemical Management, Environmental Stewardship Branch, Environment Canada (780) 435-7359 FAX (819) 956-5263 (819) 994-0007 Environmental Stewardship Branch, Environment Canada (819) 953-1140 (819) 997-5029 Existing Substances Division, Science and Technology Branch, Environment Canada (819) 997-4977 (819) 953-4936 International Affairs Branch, Environment Canada (819) 994-0989 (819) 953-7025 Montreal Protocol Bilateral Program, International Affairs Branch, Environment Canada (819) 997-2768 (819) 953-7025 Science and Risk Assessment Directorate, Environment Canada (819) 997-5804 (819) 953-4936 (819) 953-1143 (819) 953-8963 (613) 998-0708 CLIMATE CHANGE PHONE (613) 998-1845 (819) 953-7157 (819) 953-8963 (819) 953-9483 (819) 997-0962 Transboundary Air, Environmental Stewardship Branch, Environment Canada Transport Canada BRANCH Chemical Management, Environmental Stewardship Branch, Environment Canada Climate Change International, Environment Canada FAX Canadian National Focal Point to the UNCCD Canadian International (819) 953-2216 development Agency Compendium of International Environmental Agreements – 2008 285 BRANCH Americas Directorate, International Affairs Branch, Environment Canada Bilateral Affairs Division, Environment Canada Canadian Environmental Assessment Agency Climate Change International, Environment Canada Environmental Emergencies, Environment Canada Global Issues, Environment Canada Innovative Solutions, Environment Canada International Affairs Branch, Environment Canada National Services Operation Division, Weather and Environmental Prediction and Services Directorate, Environment Canada New Substances Division, Environment Canada Pacific and Yukon Region, Environment Canada Population Conservation and Management, Environment Canada Preparedness and Response, Environmental Stewardship Branch, Environment Canada Safety and Environmental Response, Canadian Coast Guard, Fisheries and Oceans Canada Science and Technology Branch, Environment Canada Transport Canada COOPERATION PHONE FAX (819) 953-6905 (819) 994-0989 (613) 957-0700 (613) 948-1354 (819) 953-9483 (819) 997-0962 (514) 283-1141 (514) 496-1157 (819) 997-3844 (819) 953-0226 (819) 953-6905 (418) 722-1491 (819) 997-4336 (604) 664-9119 (819) 953-1422 (819) 997-3053 (819) 953-5361 (613) 990-3115 (613) 996-8902 (905) 336-4625 (905) 336-6444 (613) 990-5913 FRESHWATER Compendium of International Environmental Agreements – 2008 286 BRANCH Canada-US 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