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Unit 1 - Canada's Environmental Policy on Pollution
H. Innes and A. Hecht

Unit aim To understand the laws and policies that govern Canada's pollution prevention initiatives, with a focus on British Columbia and Ontario.
Keywords Pollution prevention, environment, toxic substances, Canadian Environmental Protection Act, acid mine drainage, groundwater quality, pesticides, respiratory ailments, air quality, smog levels

The Canadian government defines pollution prevention as the use of processes, practices, materials, products or energies that avoid or minimise the creation of pollutants and waste, and reduce overall risk to human health and the environment. The focus of environmental protection in Canada has shifted from cleaning up after the damage is done, to preventing pollution and environmental damage in the first place. The Canadian Environmental Protection Act (CEPA) encourages greater citizen participation by providing easy access to environmental information and by providing opportunities for public participation before decisions are made. It also allows citizens to bring civil suits in cases of significant damage to the environment, if the government fails to enforce the Act. The Act also implements a fast track approach to evaluating and controlling toxic substances; ensures the most harmful substances are phased out, or not released into the environment in any measurable quantity; improves enforcement of regulations; improves "whistle-blower" protection to encourage more Canadians to report CEPA violations; and finally allows for more effective cooperation and partnership with other governments and Aboriginal peoples.

Canada's 1995 National Action Program on Climate Change (NAPCC) presented a range of detailed, sector-specific, mostly voluntary measures for achieving stabilisation of greenhouse gas emissions. Some of the program's options included the development of incentives, regulations and technical training to improve energy efficiency in residential and commercial sectors. As well there were measures meant to encourage the use of more fuel efficient cars. The NAPCC also promoted agricultural measures to reduce soil carbon loss, such as the increased use of conservation tillage practices, and reduced use of summer fallow. Finally, the program promotes the development of new forests to increase the removal of carbon dioxide from the atmosphere (Draper, 1998: 147).

POLLUTION IN BRITISH COLUMBIA

British Columbia has the fourth highest weight of pollutant loading in Canada. Most of British Columbia's releases are considered air pollution, with methanol and ammonia being the two substances with the largest releases. However, the positive aspect is that releases in British Columbia have decreased from 1993 levels. Further, British Columbia has initiated several programs and activities to promote air quality. These include a heavy vehicle testing program in the Lower Fraser Valley, modernisation of monitoring programs, continued phase-out of beehive burners, Smoke Control Regulations such as the regulation of large-scale open burning, and higher standards for wood stoves.

Acid Mine Drainage (AMD) is the biggest environmental threat from mining in British Columbia, with water resources being particularly affected. Mine drainage is a main source of chemical threats to groundwater quality in the province. Groundwater supplies the drinking water of more than half the people living outside Greater Victoria and Greater Vancouver. While there have been improvements in mining practices in recent years, significant environmental risks remain. Negative impacts can vary from the sedimentation caused by poorly built roads during exploration through to the sediment and disturbance of water during mine construction. Water pollution from mine waste rock and tailings may need to be managed for decades, if not centuries after the closure of a mine. These impacts depend on a variety of factors, such as the sensitivity of local terrain, the composition of minerals being mined, the type of technology employed, the skill, knowledge and environmental commitment of the company and finally the ability to monitor and enforce compliance with environmental regulations.

Another addition problem with mining is that it has become more mechanised and therefore able to handle more rock and ore material than ever before. Consequently, mine waste has multiplied enormously. As mine technologies are developed to make it more profitable to mine low-grade ore, even more waste will be generated in the future. This trend requires the mining industry to adopt and consistently apply practices that reduce the environmental impacts of this waste production. With conscientious companies, new technologies and good planning, many potential impacts are avoidable. In fact most mine pollution arises from negligence, not necessity.

ADM is not the only problem, in terms of water quality. For example, female snails have been turning into males in certain polluted coastal harbors of British Columbia. Scientists believe this change is caused by tin-based contaminants in the water. Tributyltin (TBT) is a potent compound that was once widely used in boat paint and on salmon farms. Canada brought in regulations to reduce the use of TBT in 1989. The snails eventually die out because they cannot breed. The masculinisation of snails is something that one can see. However, there is cause for concern about the things that one cannot see, such as the microorganisms that might also be affected and that patterns of predation that might be altered.

To combat and address the snail problem and other water quality rating and difficulties, British Columbia has recently developed a Non-Point Source Pollution Action Plan. The recently passed Fish Protection Act, and changes to the Municipal Act, are the first steps in a new comprehensive approach to water quality management. They provide provincial and local governments with increased powers to protect and restore water quality. British Columbia has 25% of the flowing fresh water in Canada; thus ongoing monitoring, protection and careful management of these water resources are very important. The impacts of industrial effluent and agricultural run off will continue to be reduced through initiatives such as pollution prevention pilot projects and the agricultural code of practice. Upgrades to sewage treatment facilities and the development of liquid waste plans will help reduce the impacts of residential sewage. Damaged fish bearing streams are being restored and sensitive stream-side habitats are being protected through a combination of activities, including the Watershed Restoration Program, the Urban Salmon Habitat Program, the Fish Protection Act, the Forest Practices Code and Forest Renewal BC.

Other environmental and pollution control policies and incentives include Integrated Pest Management (IPM), which combines a variety of chemical, biological, cultural and genetic methods to control pests in an environmentally sound way, and to reduce the use of pesticides in agriculture and other industries. Between 1991 and 1995, the total area of agricultural land in British Columbia monitored by IPM consultants increased by 50%. During this period, total purchases of highly toxic, restricted pesticides controlled under the federal Pesticide Control Act decreased. Recent changes to the British Columbia Pesticide Control Act encourage pesticide users to adopt pest management plans that use IPM.

British Columbia has also set a target to reduce solid waste disposed to landfills and incinerators to 430 kg/person/year by the year 2000. The province is on track to achieving its target. Pollution prevention planning encourages industry to reduce hazardous waste during the production process. Industry stewardship and government programs are ensuring that the most hazardous components of solid waste are disposed of safely. These include: lead acid batteries, scarp tires; used lubricating oil, paint residuals, pharmaceutical, solvents, flammables, pesticides, gasoline residuals and beverage containers. Concerning recycling and reusing, the Recycling Council of British Columbia (RCBC) is Canada's oldest recycling council. It advocates waste avoidance and resource conservation through education and information services, and through participation in policy development. In addition, RCBC supports Product Stewardship, a notion that waste management and recycling should be funded in the product price, rather than the tax base. This approach creates a direct economic incentive for producers to design products and packaging that reduce waste and move towards environmentally sustainable re-use and recycling practices. With the help of RCBC, British Columbia is progressing towards a goal of 50% waste reduction.

It appears that British Columbia is working toward pollution and environmental policies whose goals are to create a situation that is healthier and more beneficial to the ecosystem. However, the question of implementation remains. Policies and incentives may look effective in theory, but what about in practice. Canadians must ensure that they follow through and enforce environmental policies. Without enforcement and implementation, the policies are worth nothing more than empty words that will continue to do harm to the ecosystem and the people that live within it.

POLLUTION POLICIES IN ONTARIO

The Ontario Medical Association is warning that air pollution is a public health crisis in Ontario. Air pollution kills 1 800 people each year in this province. Thousands more suffer from respiratory ailments, such as asthma and bronchitis, which are associated with pollutants in the air (Ontario Clean Air Alliance). Air quality is and continues to be a challenge in Ontario with the most cars in Canada, the largest industrial region, and pollution transport from the United States.

Most of the pollutants found in Ontario's air come from industrial smokestacks and power plants, automobile and truck tail pipes, landfills, and furnaces. Ozone, acid rain and other pollutants easily blow across Ontario's borders from the United States. It is estimated that more than half the smog in Ontario comes from sources in the United States. In addition, Ontario is seeing a trend to earlier and more extreme smog occurrences. The worst smog used to happen in the midsummer. Now Ontario is seeing very dangerous smog levels in mid-May. During Ontario's hot summer months, volatile organic compounds (VOCs) combine with nitrogen oxides (NOx) to make the smog that may literally "choke" cities and damage crops (Ministry of the Environment).

There is also the growing potential for this smog problem to become far worse, due to increases in the output of smog-causing pollutants from power generation in the province, the slow pace of government actions to carry out controls of these pollutants, and the rising number of cars. Tight USA controls of NOx were to have been in place by 2003, but it now appears that date will be delayed by at least a year. Figures complied by the Ontario Ministry of Environment have shown no discernible improvement in smog levels during the 1990s (Mittelstaedt, 1999: A10).

The burning of coal to generate electricity is another major source of Ontario's air pollution. Although coal is inexpensive, it is a highly polluting fuel. Coal plants emit a deadly stew of air pollutants, including smog-causing NOx, air toxins such as mercury and arsenic, and are associated with lung disease, cancer, brain damage, smog, acid rain and greenhouse gases, which are further responsible for climate change (Ontario Clean Air Alliance).

Recognising the need for reducing air pollution from the electricity sector, the Ontario Clean Air Alliance (OCAA) was formed in 1997. The OCAA is a diverse multi-stakeholder coalition of sixty-five organizations. Members include cities, health associations, environmental and public interest groups, public utilities, religious organizations and individuals. It represents more than four million Ontarians. Its goal is to ensure that the deregulation of Ontario's electricity market leads to cleaner air, not increased pollution. Specifically, OCAA is calling for emission limits that will reduce Ontario's total (domestic and imported) electricity-related sulphur dioxide, NOx, air toxins and greenhouse gas emissions. The new limits will hopefully facilitate a move to cleaner choices for electricity generation, such as natural gas and renewables (Ontario Clean Air Alliance).

Pollution Prevention in Ontario is the use of processes, practices, materials, products or energies that avoid or reduce the creation of pollutants and waste, and reduce overall risk to human health and the environment (GreenOntario). Pollution Prevention offers significant advantages over traditional environmental management techniques. Clearly advantageous is its focus on anticipating and preventing pollution, reducing the use of toxic chemicals and reducing the generation of industrial wastes. Finding alternatives to creating pollution is more beneficial than having to manage it and clean up afterwards. While these activities result in significant progress in the protection and preservation of the ecosystem, they also provide opportunities to improve operating efficiencies, reduce operating costs, decrease environmental risk and limit liability. Many companies are looking at innovative process changes to avoid producing pollution in the first place. For example, Kuntz Electroplating Inc. of Kitchener recently won an award for various pollution prevention measures that included reusing chromium, eliminating chemical use and recovering nickel from landfill disposal sites (Ministry of the Environment). More than 150 companies have taken Ontario's Pollution Prevention Pledge and are working voluntarily to reduce the release of toxic chemicals by 90% in the year 2000.

In 1997 the Minister of the Environment and Energy introduced Drive Clean, a vehicle emission-testing program for trucks, buses, and cars. The program will reduce NOx, VOC, particulates and emissions when it is fully in effect. They will phase in the program geographically from 1998 to 2002. The Drives Clean program, which requires vehicle emissions testing, is another measure the province is taking to combat smog (http://www.driveclean.com/why/smogprob/gfl_1e.html). The emissions testing and repair of vehicles 4-19 years old will be required every two years as a condition of registration renewal and every time at resale. When fully carried out in southern Ontario, the program area for Drive Clean will include 5.5. million vehicles and is expected to eliminate 62 000 tonnes of smog-causing pollutants per year (Ministry of the Environment). However, many environmentalists feel that Drive Clean will have a small impact on pollution levels because it will only decrease NOx loadings into the province's air by approximately 2.5 - 5% (Mittelstaedt, 1999: A10).

According to the Ministry of the Environment, the results of Ontario's water pollution prevention efforts have been impressive. For example, the petroleum industry has cut the release of its wastewater pollutants; pesticide use across the province has decreased; and they have also cut phosphorus loadings into Lake Erie by half. Further, mercury, PCBs, dioxins and other toxins measured in the eggs of herring gulls nesting around the Great Lakes has dropped by some 90% since the early 1970s. However, not all the results are positive, nor do they necessarily reflect reality. Dioxins are now present throughout the environment and the food chain; everyone is exposed to them in their diets, particularly through fatty foods such as diary, meet, fish and eggs. The levels of dioxin in Ontario are not necessarily as low as some may believe. For example, a fire at a plant in Hamilton in July 1997 revealed levels of dioxin sixty-six times higher than permitted even for industrial land. It was an accidental fired at a car scrap recycling site, causing the evacuation of hundreds of people from the site and surrounding area. They advised residents not to eat local garden produce or allow their children to play on the grass (Greenpeace).

Finally, the government also states that Ontario is much less wasteful than in the past. In less than five years, Ontario has managed to cut its solid wastes each year by 25%. The Ministry of the Environment has monitored air pollution since the early 1970s and their records show that Ontario's air is as clean as or cleaner than the air in the United States, Europe and other industrialised nations. In addition, in 1998 the government introduced and approved Bill 82, the Environmental Statute Law Amendment Act. This law gives the ministry greater ability to deter and punish those who choose to operate outside the law and threaten the environment. The legislation closes loopholes that have enabled polluters to continue violating the law and avoiding penalties imposed on them. The new law is fair to those who comply with the laws and firm on those who break them (Ministry of the Environment).

For the most part it appears that Ontario is working towards creating pollution policies that are beneficial to the environment. However, the question remains concerning the application of these policies and actions. Creating environmental laws is not difficult, but it is another issue entirely to ensure that we properly implement and adhered to them. For example, how many violators of environmental policies are still allowed to continue polluting without major repercussions? Ontario's policies and implementation procedures may not be perfect, but hopefully they are some steps in the right direction.

 

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