Regulations Amending the Pulp and Paper Effluent Regulations (Miscellaneous Program): SOR/2018-185

Canada Gazette, Part II, Volume 152, Number 20

Registration

September 26, 2018

FISHERIES ACT

P.C. 2018-1186 September 24, 2018

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 36(5) of the Fisheries Act footnote a, makes the annexed Regulations Amending the Pulp and Paper Effluent Regulations (Miscellaneous Program).

Regulations Amending the Pulp and Paper Effluent Regulations (Miscellaneous Program)

Amendment

1 Subsection 7(3) of the Pulp and Paper Effluent Regulations footnote 1 is amended by adding the following before paragraph (b):

Coming into Force

2 These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

The Standing Joint Committee for the Scrutiny of Regulations (SJCSR) recommended that an amendment be made to the Pulp and Paper Effluent Regulations (PPER) under the Fisheries Act in order to improve the clarity of the PPER by ensuring that the requirements for mills depositing effluent to wastewater systems regulated by the Wastewater Systems Effluent Regulations (WSER) are all listed under the conditions governing authority to deposit effluent into wastewater systems in subsection 7(3).

Background

The PPER govern the discharge of deleterious substances from pulp and paper mills into waters frequented by fish. The PPER have the overall objective of protecting water quality that sustains fish, fish habitat and the use of fisheries resources. The PPER contain requirements for both mills that deposit their effluent directly to waters frequented by fish, as well as mills that deposit effluent to wastewater systems that are regulated by the WSER under the Fisheries Act.

The SJCSR indicated that the PPER are not clear enough about the conditions that must be met for mills that deposit effluent into wastewater systems. Subsection 7(3) of the PPER requires that these mills identify themselves to the Department and have an emergency response plan. Although found in a separate section of the PPER, subsection 6(3) requires a third condition be met: that these mills only deposit effluent to a wastewater system that is regulated by the WSER. In February 2018, the SJCSR and Environment and Climate Change Canada agreed that regulatory clarity can be improved by ensuring the requirements for mills depositing effluent to wastewater systems regulated by WSER are all listed under the conditions governing authority to deposit in subsection 7(3). At present, regulatees would find these existing requirements in subsections 6(3) and 7(3) of the PPER.

Objectives

The amendment will provide greater clarity to the PPER.

Description

The amendment to the PPER will ensure that the requirement for mills to deposit effluent only to wastewater systems regulated by the WSER is clearly stated under the conditions governing authority to deposit (subsection 7(3)).

“One-for-One” Rule

The “One-for-One” Rule does not apply to this amendment, as there is no change in administrative costs or burden to business.

Small business lens

The small business lens does not apply to this amendment, as there are no costs to small business.

Consultation

Consultations took place with only the SJCSR, as the amendment is a clarification, not a new requirement. The existing requirement is contained in subsection 6(3), whereas the clarification is added in subsection 7(3).

Rationale

The amendment responds to the SJCSR’s review of the PPER. The SJCSR had indicated that the wording of the PPER on the conditions for operators of mills to deposit effluent to wastewater systems could be unclear to regulatees, as these conditions are listed in two separate subsections (6(3) and 7(3)). Therefore, the amendment improves the clarity of the Regulations, and does not impose any costs on the government or stakeholders.

Contacts

Caroline Blais
Director
Forest Products and Fisheries Act
Industrial Sectors, Chemicals, and Waste Directorate
Environment and Climate Change Canada
Email: caroline.blais@canada.ca

Matt Watkinson
Director Regulatory Analysis and Valuation Division
Economic Analysis Directorate
Environment and Climate Change Canada
Email: ec.darv-ravd.ec@canada.ca