CEPA enforcement review body replaced: 'Review Officers' become the Environmental Protection Tribunal of Canada

Plain-language summary · AI-assisted · not legal advice

The amendment replaces the informal roster of Review Officers and the Chief Review Officer role with a formally constituted tribunal — the Environmental Protection Tribunal of Canada. The Tribunal takes over all functions previously held by Review Officers, including hearing requests to review enforcement orders, summoning witnesses, issuing decisions, and making procedural rules. Existing Review Officers and the Chief Review Officer automatically continue as members and Chairperson of the new Tribunal for the remainder of their current terms, and any pending review requests carry over to the Tribunal without interruption. Two other substantive changes remove the previous five-year automatic expiry on federal-provincial equivalency and administration agreements (agreements now continue until a party gives three months' notice), and tighten the test for equivalent provincial provisions from 'equivalent' to 'equivalent in effect.' Regulated entities, corporate directors and officers, and ship owners and masters should note that their compliance duties and liability exposure now reference the Tribunal rather than Review Officers, with no change to the substantive obligations.

Who this affects: regulated businesses subject to CEPA enforcement orders · corporate directors and officers of regulated companies · ship owners, masters and chief engineers · provincial and territorial governments with equivalency agreements · legal and compliance counsel advising on CEPA matters