montreal

Canada's environment minister, Christine Stewart, last week tabled a revised Environmental Protection Act that she said would strengthen environmental protection in Canada — but that critics said would weaken it.

The legislation places emphasis on voluntary efforts by industry, and increased cooperation with the provinces. But environmentalists argue that such moves will undermine the federal environment department's traditional controls, and give the provinces a virtual power of veto over environmental protection measures.

One major innovation in the legislation is a National Accord on Environmental Harmonization, and three sub-agreements, each signed on 30 January by the environment minister and the provinces. These deal with environmental assessment, the establishment of national environmental standards and inspection activities under federal laws.

The federal agency Environment Canada hails the agreement as a significant advance. “Under the new legislation, the focus of environmental protection in Canada would shift from cleaning up after the damage is done to preventing pollution in the first place, ” Stewart said in a statement.

She says the legislation reflects some of the concerns that have recently been expressed, including the need for increased recognition of voluntary efforts by industry, and improved consultation with provinces and territories. “We have listened to all our partners and stakeholders, and this legislation represents a reasonable and balanced approach to environmental protection in cooperation with all parties, ” says Stewart.

But critics are worried about central government ceding responsibility on environmental matters to the provinces. “The signing of the accord marks the end of any significant role for the federal government in the protection of the environment for the foreseeable future, ” says Shelly Bryant, executive director of Action: Environment.

Paul Muldoon, executive director of the Canadian Environmental Law Association, says the agreement “will make it virtually impossible to deal with the major environmental challenges facing Canada”. He describes the implications for issues such as the implementation of the Kyoto protocol on global climate change as “simply horrendous”. The association is asking the Federal Court of Canada to overturn the agreement.

The act comes at a difficult time for both Environment Canada and the provincial environmental agencies. The federal body's budget has been cut by 34 per cent since 1994-95. The government's eventual goal is a 40 per cent reduction.

Besides its domestic pollution responsibilities, Environment Canada must participate in more than 20 international environmental agreements, including the Great Lakes Water Quality Agreement, the Basel Convention on Toxic Exports and the Agenda 21 pledge made at the United Nations Rio summit in 1992. Critics say its ability to do this has now been severely compromised.

Gary Gallon, president of the Canadian Institute for Business and Environment, which carries out economic analyses of the impact of environmental protection, says the cuts by federal and provincial governments are one reason the harmonization accord will not work.

In contrast to the Ontario environment ministry's official figures, he claims its operating budget has been reduced by 42 per cent between 1994-95 and 1997-98. He says Quebec's budget for environmental protection has dropped 64.9 per cent during the same period, Alberta's environment ministry budget has lost 31 per cent since 1992, and Newfoundland's has fallen 60 per cent since 1995.

Gallon claims the federal ministry and Ontario and Alberta provinces are committed to reducing their environmental regulations by up to 50 per cent.