On April 23, 2009, the Federal Court of Canada released a decision that requires Environment Canada to report, under the Canadian Environmental Protection Act, 1999 (CEPA), data from mining facilities regarding their releases or transfers of certain pollutants to tailings and waste rock disposal areas as part of the annual National Pollutant Release Inventory (NPRI). The decision followed an application for judicial review of the Minister of the Environment’s alleged failure under the CEPA to require such reporting. In its decision, the Court found that the Minister had erred in his interpretation of the CEPA as not requiring him to provide the mandatory pollutant release information to the public through the NPRI. For the 2006 and subsequent reporting years, the Minister is now required to publish pollutant release information to the public through the NPRI with respect to these releases and transfers.
For further information, please see http://decisions.fct-cf.gc.ca/en/2009/2009fc408/2009fc408.pdf