Canada-Alberta Agreement on Emission Inventory Cooperation

(Ce document provient d'un organisme qui n'est pas assujetti à la Loi sur les langues officielles et il est mis à la disposition du public dans la langue d'origine seulement).

Between

Her Majesty the Queen in Right of Canada
as represented by the Minister of Environment Canada
(hereinafter referred to as "Canada")

and

Her Majesty the Queen in Right of Alberta
as represented by the Minister of Alberta Environment
(hereinafter referred to as "Alberta")

Hereinafter referred to collectively as the "Parties"

Whereas approvals issued to and Codes of Practice made applicable to industry in Alberta pursuant to the Alberta Environmental Protection and Enhancement Act, R.S.A 2000, c. E-12, as amended (EPEA) generally require some type of monitoring and reporting of many of the substances listed in the National Pollutant Release Inventory (NPRI) and Annex 1 to this agreement to demonstrate compliance with approval conditions or limits, or to determine the effect of the activity on the surrounding environment. Various guidelines and directives published by Alberta Environment outline the acceptable methods for industrial monitoring and reporting as required by the approval or the Code of Practice for the activity. At present, the Air Monitoring Directive of Alberta Environment, as amended, outlines the acceptable methods for monitoring and reporting of the various air emission substances.

And whereas the NPRI is a legislated, nation-wide, publicly accessible inventory of pollutants released to the environment. The NPRI is delivered by Environment Canada under the authority of the Canadian Environmental Protection Act, 1999, S.C. 1999, c-33 ("CEPA 1999"). Owners or operators of facilities that manufacture, process or otherwise use one or more of the NPRI-listed substances, under prescribed conditions, are required to submit an annual report to Environment Canada on the releases and transfers of those substances. The NPRI-listed substances include many of the substances required to be reported by Alberta.

And whereas in 2002, Environment Canada expanded its reporting requirement under NPRI to include the substances listed in Annex 1, which Alberta requires be monitored and reported.

And whereas Alberta and Canada have agreed to establish a framework for cooperation in order to improve the quality of data reported, minimize the reporting burden on Alberta industries and reduce duplication and costs.

And whereas the purpose of this Agreement is to outline each Party's roles and responsibilities in utilizing the reporting system to collect and manage emissions inventory data reported by owners or operators of facilities in Alberta.

1. In this Agreement, the following definitions apply:

   1. "Emissions inventory data" means the NPRI-listed substances and the criteria air contaminants listed in Annex 1 that are required to be reported by facilities in Alberta on an annual basis, pursuant to CEPA 1999 and EPEA, including all related data;

   2. "Facilities" means the entities located in Alberta that are subject to reporting to NPRI and to Alberta pursuant to CEPA 1999 and EPEA, respectively;

   3. "NPRI-listed substances" means the substances required to be reported under the authority of CEPA 1999 to the NPRI;

   4. "NPRI reporting system" means the electronic data collection and management system, as well as clerical and administrative systems utilized by the NPRI to collect and manage data and to handle and process the reports and inquiries submitted by facilities that are owned and operated by Canada; and

   5. "Reporting year" means the calendar year for which information is required to be reported.

2. The Parties hereto agree to the following:

   1. The Parties agree to use the NPRI reporting system to meet the emissions inventory data collection requirements for both Parties.

   2. The reported emissions inventory data will be collected and stored on Canada's computer server and maintained by Canada's staff as part of the NPRI reporting system.

   3. Alberta will have full and prompt electronic access to the emissions inventory data collected by the NPRI reporting system.

   4. Canada will collect, on behalf of Alberta, emissions data from facilities regarding the substances listed in Annex 1, as required by Alberta, using the NPRI reporting system.

   5. Both Parties will have full and timely access to each other's emissions inventory data gathered through the NPRI reporting system subject to the terms and conditions of this Agreement.

   6. Both parties acknowledge and agree that the reported emissions inventory data is public data pursuant to EPEA and CEPA 1999, subject to any exceptions to disclosure authorized by EPEA and CEPA 1999.

   7. The Parties acknowledge and agree that each shall retain custody and control of the reported emissions inventory data that each requires from the facilities.

   8. The Parties acknowledge and agree that EPEA and CEPA 1999 require that emissions inventory data that is confidential pursuant to the Parties' respective legislation will be protected from disclosure and further agree to honour and respect one another's legal obligations in this regard and to put in place appropriate procedures to protect confidential information.

   9. The Parties acknowledge and agree that their respective access to information/freedom of information and protection of privacy legislation applies to the emissions inventory data collected by the NPRI reporting system and further agree to honour and respect one another's legal obligations in this regard.

   10. Canada agrees to provide Alberta with timely notice of any request for confidentiality made by a facility pursuant to s. 35(4) of EPEA 1999 and will wait for Alberta's decision before making the reported emissions inventory data that is the subject of the request available to the public.

   11. Canada agrees to provide Alberta with notice of any request for confidentiality by a facility made pursuant to s. 52 of CEPA 1999 and to advise Alberta promptly of the outcome of the request.

   12. The Parties agree to provide one another with notice of any application for disclosure of the reported emissions inventory data that is within their custody and control under the applicable access to information/freedom of information and protection of privacy legislation.

   13. Alberta and Canada will work together to improve the quality of reported emissions inventory data, verify reported information and assist in resolving issues and discrepancies with reported historical emissions inventory data.

   14. Alberta will provide Canada with all their detailed emissions inventory reporting requirements and specifications in order for Canada to modify the NPRI reporting software to meet Alberta's emissions inventory data requirements on an annual basis.

   15. Costs incurred by one Party for agreed-upon activities that are performed solely on behalf of the other Party will be reviewed annually and monetary or in-kind compensation may be negotiated and agreed upon by the Parties. Costs that either Party would incur in any event in the fulfillment of its responsibilities and requirements are not eligible for consideration for reimbursement.

   16. Alberta is solely responsible for making any necessary changes to its regulatory regime to enable the use of the NPRI reporting system to meet its emissions inventory data requirements.

   17. The Parties will jointly hold stakeholder information workshops on emissions inventory data reporting requirements in the province of Alberta.

   18. The Parties agree that this Agreement is a joint initiative and all administration of this Agreement and publicity related to it will reflect this fact.

   19. This Agreement is without prejudice to the rights of the Parties to determine how they will implement their reporting requirements for greenhouse gas emissions and, if a joint reporting system for greenhouse gas emissions is to be negotiated, the type of joint system that is adopted.

3. The Parties will establish a mechanism to address issues related to the implementation, management and operation of this Agreement. The contacts for this mechanism are:

   for Environment Canada:
   
   Manager, Alberta Division Office
   Environmental Protection Branch
   Prairie and Northern Region

   and

   
   for Alberta:
   
   Director, Monitoring and Evaluation Branch
   Alberta Environment

   
   These contacts will meet on a regular basis and will continue to develop and improve the data gathering process. They will ensure that the relevant Parties are involved in the resolution of any issues.

4. 1. This Agreement shall terminate five years after the date of signature by both Parties unless terminated sooner by either Party upon six months' written notice.

   2. One year prior to termination of this Agreement, the Parties will evaluate the benefits of the Agreement and make recommendations to their respective Deputy Ministers on its renewal, as appropriate.

   3. The Agreement may be renewed by mutual agreement evidenced in writing.

   4. The Deputy Minister of Environment Canada and the Deputy Minister of Alberta Environment have the authority to amend Annex 1 upon agreement of both Parties.

   5. This Agreement may be amended at any time by the mutual consent of the Parties.

Her Majesty the Queen in Right of Canada, as represented by:
Deputy Minister of the Department of Environment for Canada

Her Majesty the Queen in Right of Alberta, as represented by:
Deputy Minister of the Department of Environment for Alberta

Peter Watson

Approved pursuant to the Alberta Government Organization Act:
Minister of International and Intergovernmental Relations

Annex 1 - List of substances required by Alberta to be collected by Canada on its behalf through the NPRI from facilities that are required to report these substances to Alberta as part of their annual emissions inventory:

1. SO₂
2. NO_x
3. H₂S
4. VOC
5. PM 2.5-10 and total
6. CO