Bhopal and its effects on the Canadian regulatory framework

Instead of legislating after the Bhopal accident, Canada choose to innovate by adopting a consultative approach. In 1987, Environment Canada set up the Major Industrial Accidents Council of Canada (MIACC), a non profit organization financed by the federal and provincial governments and industry.

MIACC was a process rather than a structure. Governments, industries, responders, trade unions, NGOs, etc. have shared their expertise. It has worked as a partnership for the development of standards, guidance documents, etc. in prevention, preparedness, response and recovery.

MIACC ceased to exist in 1999. Although, MIACC disappearance is unfortunate, it is not dramatic. A culture of partnership, of working together towards common objectives, is now well in place and influences the development of regulations.

Natural disasters and the 911 terrorist attack on New York triggered the publication of regulations.

The legislative process started in 2001 with the Province of Quebec adopting a new Civil Protection Act for the protection of persons and property against disasters.

Year 2003 saw major developments in the regulation of emergencies—changes that are likely to have significant influences on how companies operate in Canada. Surprisingly, however, these changes have received little attention in the media, and many companies may not be aware of their implications.

This paper will review these developments, and will examine what has already taken place. Topics include:

• The federal regulation of environmental emergencies under the Canadian Environmental Protection Act;

• Extension of the Criminal Code of Canada to allow criminal charges and possibly heavy penalties for senior officials and corporations, including an explicit legal duty to protect workers from harm;

• Quebec Civil Protection Act designed to identify and manage risks;

• Ontario‘s stepwise regulation of municipal emergency preparedness with the intended goal of NFPA 1600 compliance by 2007, and the implications for the process industries;

• Potential regulation at the municipal level.

Keywords: Canada; Regulatory framework; Major hazards