Submission

Summary of the matter addressed in the submission:

The Submitters allege that «Canada is failing to enforce its regulation ratifying the Convention on Biological Diversity signed at the Rio Earth Summit on June 11, 1992 and subsequently ratified pursuant to an Order-in-Council on December 4, 1992.» According to the Submitters, «under Canadian Law, that Ratification Instrument is a legally binding “regulation”.» In particular, the Submitters allege that «Canada has failed to fulfill the requirements of Article 8(k) of the Biodiversity Convention, which stipulates that each country must “develop or maintain necessary legislation and/or other regulatory provisions for the protection of threatened species and populations”.» The Submitters further allege that «in ratifying the Biodiversity Convention by regulation, Canada made a legal commitment to be bound by and to perform the requirements of the Convention. The Submitters add that «by failing to fulfill the requirements of Article 8(k) of the Convention, which requires legislation to protect endangered species, Canada is failing to enforce the regulation ratifying the Convention; i.e. it is ‘failing to enforce an environmental law’.»

Names and citations of the environmental laws in question:

P.C. (Privy Council) 1992-1204, 4 June 1992, authorizing specified officials to sign and bring into force the 1992 United Nations Convention on Biological Diversity.

Submitter(s):

Animal Alliance of Canada Council of Canadians Greenpeace Canada