A Crash Course On Canadian Environmental Law – Part 2

With the election of the current Prime Minister of Canada, there have been renewed hopes for environmentalists and environmental lawyers across the country. Prime Minister Justin Trudeau has made genuine attempts to create a stronger sense of environmental consciousness. In order to do this, he has come up with various amendments to the existing environmental laws.

In the previous article, we touched upon the basic environmental laws in Canada. Here we will focus on other laws in this area.

Transportation of Dangerous Goods Act

As the name suggests, this law focuses on regulating the transportation of dangerous goods in the country. The act lists out what is dangerous and what is not. A product is considered to be dangerous if it is listed under schedule 1 or schedule 3 of the Act. The key elements of the Transportation and dangerous Goods Act are as follows:

  • Training
  • Classification
  • Preparation of documents such as shipping papers.
  • Using dangerous goods safety marks to communicate the hazards the product may pose to the public or the environment.
  • Packaging
  • Emergency response assistance plans (ERAP) if required
  • Reporting incidents.

It also specifies the quantities of these goods and how they should be transported. These goods range from explosives, gases, medical devices, forensic samples, etc.

Pest Control Products Act

The Pest Control Products Act governs the application of pesticides in Canada. It aims to protect ‘human health’ and the environment from the harmful effects of pesticides. The Act also stresses on sustainable pest management practices for the betterment of the society. Clauses 35 and 40 are crucial elements of the Act. On 31 January 2008, the Review Panel Regulations were instituted, in order to administer sections 35 to 40 of the Act. The Pest Management Regulatory agency is another legislation in this area that reports to the Parliament.

Hazardous Products Act

As per the federal website, the aim of this act is to “prohibit the sale and importation of hazardous products that intended for use, handling or storage in a workplace”.

The Act and the pursuant Hazardous Products regulations, which apply to suppliers, defines which materials are included in the workplace in the Workplace Hazardous Materials Information System. It also sets out what information suppliers must provide to employers for controlled products used in the workplace.

Are you unsure about which environmental laws apply to your new business venture? Reach out to our environmental lawyers and get a sense of direction on applying sustainable practices for your business.