Vol. 139, No. 19 — September 21, 2005

Registration
SOR/2005-261 August 31, 2005

CANADIAN ENVIRONMENTAL ASSESSMENT ACT

Regulations Amending Certain Regulations Made Under the Canadian Environmental Assessment Act

P.C. 2005-1505 August 31, 2005

Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to paragraphs 59(b) and (f) of the Canadian Environmental Assessment Act (see footnote a), hereby makes the annexed Regulations Amending Certain Regulations Made Under the Canadian Environmental Assessment Act.

REGULATIONS AMENDING CERTAIN REGULATIONS MADE UNDER THE CANADIAN ENVIRONMENTAL ASSESSMENT ACT

LAW LIST REGULATIONS

1. Item 10 of Part II of Schedule I to the Law List Regulations (see footnote 1) is replaced by the following:

Item	Provisions
10. (32)	Health of Animals Regulations
	(a) subsection 160(1.1), in respect of the issue of a permit required by paragraph 11(1)(a) or 12(1)(a)

INCLUSION LIST REGULATIONS

2. Section 2 of the Inclusion List Regulations (see footnote 2) is amended by adding the following in alphabetical order:

"germplasm" has the same meaning as in section 10 of the Health of Animals Regulations; (matériel génétique)

"regulated animal" has the same meaning as in section 10 of the Health of Animals Regulations; (animal réglementé)

3. Section 78 of the schedule to the Regulations is replaced by the following:

78. The importation of regulated animals or germplasm of regulated animals from countries other than the United States for agricultural purposes, including the raising of those animals in captivity for sale as breeding stock or for the sale of their parts or germplasm, that requires a permit under paragraph 11(1)(a) or 12(1)(a) of the Health of Animals Regulations, other than the importation of the following regulated animals and their germplasm:

(a) domestic species of equines, cattle, sheep, swine, goats and poultry;

(b) indigenous species that are farmed for fur or their germplasm; and

(c) European honeybees.

COMING INTO FORCE

4. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Description

The Canadian Environmental Assessment Act (the Act) requires each federal authority to ensure that an environmental assessment (EA) is conducted in respect of certain projects before the federal authority initiates the projects or grants funds, an interest in land or certain regulatory approvals for them. Four key Regulations determine the Act's application: the Inclusion List Regulations, the Exclusion List Regulations, the Law List Regulations, and the Comprehensive Study List Regulations.

The Law List Regulations itemize the statutory and regulatory approvals that require EAs under the Act if they enable a project, as defined in the Act, to be carried out, and if the project is not otherwise excluded under the Act. The federal department or agency that issues the approval must ensure that the EA is conducted.

The Inclusion List Regulations identify those projects that are physical activities not relating to a physical work. Each of such activities must be subjected to an EA if a federal department or agency proposes, funds, grants an interest in land for or authorizes the activity by issuing certain permits, certificates, licences, etc.

The Canadian Food Inspection Agency (CFIA) is a responsible authority under the Act, in that it is required to conduct EAs of certain projects for which it exercises a regulatory duty (e.g., allowing by permit, importation of animals into Canada) pursuant to the Health of Animals Act.

The purpose of the Health of Animals Act is to prevent the introduction into, the export from and the spread within Canada of diseases that affect animals or that may be transmitted by animals to persons and respecting the protection of animals.

This Regulatory Impact Analysis Statement refers to amendments to the following regulatory provisions: (i) Item 10 of Part II of Schedule I of the Law List Regulations; and (ii) Item 78 of the Schedule to the Inclusion List Regulations. These amendments result from an amendment to the Health of Animals Regulations and the proposed addition of European honeybees to the list of species exempted from requiring an EA prior to their importation.

(i) Amendment of the Health of Animals Regulations

A recent amendment to the Health of Animals Regulations established a new approach to the importation of regulated live animals and their germplasm. This Regulation allows the government to respond more efficiently to requests to recognize areas of distinct animal health status in all countries, or to respond to changes in production and disease control practices in specific sectors. This amendment achieves several major goals including the development of risk categories for areas of origin, equitable application of import requirements to all countries, and the use of information technology and the recognition of advances in the industry standard, such as in animal identification.

In order to continue the EA of imported animals under authority of the Act, the Law List Regulations and the Inclusion List Regulations must be amended to reference the revised import sections in the Health of Animals Regulations.

(ii) Exemption of European Honeybees

The importation of certified European honeybees is a physical activity not relating to a physical work that is subject to an EA under authority of Item 78 of the Schedule to the Inclusion List Regulations which requires that an EA be conducted prior to the importation of non-domestic animals. This Regulation amends Item 78 of the Inclusion List Regulations by adding "European honeybees" to the list of animal species that are exempted from requiring an EA prior to importation. It should be noted that animal health import requirements would still apply.

Honeybees play an essential role in the pollination of fruits and vegetables, and in the production of honey. Honey is produced in all 10 provinces and the territories. In Canada, over 13,000 beekeepers maintain more than 500,000 bee hives and beekeeping constitutes a multi-million dollar industry. Canadian beekeepers have one of the highest honey yields in the world as a result of a northern climate with long days, vast expanses of clover, alfalfa and canola, and by using sophisticated management practices.

As honey and other non-food use products of honey are a viable industry, it is necessary to maintain the bee hives. The Canadian honeybee industry is almost self-sufficient in bees, however, every year many honeybees do not survive Canada's long cold winter, even after the hives have been winterized. Parasites also kill off a number of hives, decreasing the numbers of worker bees available to produce honey. As a result, Canada imports European honeybees to maintain the numbers required for honey production.

In recent years, CFIA has undertaken a detailed review and assessment of the importation practices and rules for importing European honeybees. The CFIA worked with industry representatives, to develop protocols for the importation of European honeybees into Canada. The protocols were created as a means to ensure that European honeybees being shipped into Canada are disease free and that these bees do not pose a threat to the existing honeybee populations in Canada. As a result, only honeybees from approved sources are accepted into Canada.

There are two main environmental issues associated with the importation of honeybees into Canada, namely the potential introduction of disease into resident honeybee populations, and the introduction of other potentially harmful bee species. The animal health import requirements address these issues. The protocols outline detailed conditions that must be adhered to by importers in order to receive an import permit. The protocols have the effect of addressing any potential effects that may result from the importation of certified European honeybees.

Environmental Effects and Mitigation

The CFIA initiated the preparation of a model class screening report to establish a more efficient and streamlined planning approach and EA procedure for the importation of certified European honeybees into Canada. The concept of a class environmental screening process is based on the assumption that in practice, class screenings apply to projects that: (i) are relatively routine or repetitive; (ii) usually result in environmental effects that are well understood or predictable; and (iii) have environmental effects that can be mitigated using accepted methods such that significant environmental effects will not occur.

The development of this model class screening report included a detailed review of literature on the species Apis mellifera and apiculture, advice from experts and apiarists, and a review of a Canadian risk assessment on importing honeybees from the United States. Based on the information obtained through these efforts, it was concluded that there are only three potential environmental effects to take into consideration when importing certified European honeybees into Canada. The three potential effects are: (i) impacts on native bee populations; (ii) increase in disease through varroa mite infestations; and (iii) a potential negative effect on human health and safety.

(i) Effects on Native Bee Populations

Studies over the years have indicated that the introduction of European honeybees may at one time have had an effect on the native bee populations. Many of the most serious impacts of honeybee colonists on native bees and plants occurred during the first 50 years following their introduction into North America in the 16th century. It has been speculated that there was a "scramble competition" by honeybees, or in other words, the disruption of many plant/pollinator relationships by a single dominant exotic. To date, there are very few "pristine" environments free of honeybees in the world. All of the provinces and territories in Canada have been exposed to the European species of honeybees and Canadian honeybee populations have become a mixture of European races. Thus, importation of European honeybees into Canada is not considered a threat to native bee populations.

Africanized honeybees, on the other hand, are an aggressive species that can overwhelm existing colonies and populations with a resultant negative environmental impact on native populations and on the apiculture industry. Consequently, the importation of Africanized honeybees is prohibited.

Current effects on native bee populations are the result of present-day practices with pesticides, and the removal of bee habitat through development or human intervention on flower species (i.e., removal of "weed" plants). Such actions have resulted in decreased native bee populations over the years.

(ii) Increase in Disease through Varroa Mite Infestations

The varroa mite is a parasite that can infest and destroy entire honeybee colonies. The importation of European honeybees from countries other than New Zealand, Australia, and the State of Hawaii have in the past resulted in varroa mite infestations. To help control and limit (i.e., mitigate) the spread of this parasite, the Canadian government has put in place strict importation protocols and requirements for the import of honeybees under the authority of the Health of Animals Act. Current importation practices for European honeybees serve to control the spread of disease.

(iii) Human Health and Safety

With the introduction of new bee populations into a new habitat, there is sometimes the fear that the bees could pose a threat to public health and safety. The species of European honeybees being imported from New Zealand, Australia, and the State of Hawaii are a gentle species of Apis mellifera. These species have been safely imported into Canada for years and have been a minimal danger to nearby human populations. Swarming is not an issue since, as mentioned earlier, European honeybees are a gentle species of Apis mellifera and are not nearly as aggressive as the Africanized bees, nor are they deadly to humans.

A flourishing honeybee population is important for Canada. For example, one third of North American food production (orchards and plants) is the direct result of pollination by insects, including honeybees. Honeybees also produce valuable non-food products that are beneficial to human health. Consequently, honeybees will remain an important part of the Canadian environment and play a role in maintaining food supplies.

As noted above, there are minimal if any environmental effects that would result from the importation of certified European honeybees from the countries of New Zealand, Australia, and the State of Hawaii. The strict permit process and the presence of the import requirements serve as mitigative measures that ensure that the bees being imported are free from disease and are not the Africanized species. Further, each province has policies and, in some cases, legislation in place for the maintenance of hives, the transportation of bees, the management and control of disease, and the inspection of individual bee colonies.

Alternatives

(i) No change in existing requirements

If the current Law List Regulations and Inclusion List Regulations addressing animal imports are not amended, they will continue to refer to provisions of the Health of Animals Regulations that have been revoked and replaced. This will result in regulatory confusion.

Secondly, if the current Regulations are not amended, an EA will continue to be required before an import permit is issued for honeybees imported from foreign countries. Although this process has been simplified by development and approval of a class screening for the importation of honeybees, continuing this requirement in the face of minimal environmental effects constitutes an unnecessary regulatory burden on honeybee importers and utilizes CFIA resources which can be focused on high priority activities.

Accordingly, this option was rejected.

Amending the Law List Regulations and the Inclusion List Regulations to reference the revised import sections under the Health of Animals Regulations will remove any confusion created by the current reference to the revoked import sections of the Health of Animals Regulations. Given the minimal environmental impact that may result from honeybee importations, exempting honeybees would eliminate an unnecessary regulatory burden on honeybee importers.

Consultation

A public consultation program was pursued in the development of the honeybee class screening which included the following components:

Key stakeholders were identified with assistance from the CFIA and from the executive members of the Canadian Association of Professional Apiarists (CAPA).

Contacts were made with CAPA representatives, provincial apiarists, and CFIA staff responsible for international importations, to identify key environmental issues associated with importation activities.

Finally, the Canadian Environmental Assessment Agency presented the proposed amendments to the Regulatory Advisory Committee (RAC) for review and comment. The RAC is a multi-stakeholder body appointed to advise the Minister of the Environment on proposed regulations under the Act. No comments on the proposal were received from the RAC.

This Regulation was pre-published in the Canada Gazette, Part I, on December 4, 2004 and no comments were received.

Compliance and Enforcement

This amendment has no compliance issues.

Contact

Dr. David Barnes
Canadian Environmental Assessment Agency
Place Bell Canada
160 Elgin Street, 22^nd Floor
Ottawa, Ontario
K1A 0H3
Telephone: (613) 957-0233

Footnote a

S.C. 1992, c. 37

Footnote 1

SOR/94-636

Footnote 2

SOR/94-637

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