Guidelines for the use of information gathering authorities: chapter 1

Section 1: Purpose of the Guidelines

These Guidelines are intended to improve the consistency and effectiveness of the information gathering process conducted under section 46 of the Canadian Environmental Protection Act (CEPA '99). They fulfill the legislative requirement in subsection 47(1) and apply only to notices requiring information issued under subsection 46(1). In order to articulate the complete process for issuing a notice, these Guidelines re-iterate the requirements as outlined in the Act and describe procedures to address the objectives outlined below.

The objectives of the Guidelines are to:

• outline the procedure for determining whether a notice is necessary;
• outline a procedure whereby notices issued include all mandatory information, provide a clear explanation of what information is required, the reason for the request, and the manner in which the information will be used;
• allow potentially affected persons to comment on the contents of the notice prior to it being issued, thereby giving them the opportunity to provide the Minister with their views on the costs and benefits of gathering the information, so that these views can be taken into consideration before the final notice is published and;
• improve the efficiency of acquiring information and the coordination of information gathering within Environment Canada, throughout the federal government and with provincial, territorial and Aboriginal governments.