Canadian pollution violates international agreements and could open the door for a law forcing the government to take reduction measures, an environmental group charges.

The Canadian branch of Friends of the Earth released a legal opinion concluding that Canada has failed key tests that would set off a duty to invoke the Canadian Environmental Protection Act (CEPA).

The 1999 act includes a provision requiring the government to step in and control air pollution if Canada is found to be in breach of certain preconditions. The three tests that could trigger the never-before-used provision are: whether Canada is releasing greenhouse gases, contributing to air pollution, or violating an international agreement.

Friends of the Earth argues Canada breaks all three.

"We have long felt Canada has demonstrated illegal behaviour on the world stage," Canadian chapter CEO Beatrice Olivastri said in a teleconference. "[The legal documentation] is a giant step towards getting our government to do the right thing and regulate greenhouse gas emission reductions."

International law expert Roda Verheyen, who prepared the report, said Canada has broken rules outlined in the Framework Convention on Climate Change — most importantly the failure to put into place measures that would lead to a long-term reversal of greenhouse gas emission trends. Verheyen noted how emissions have risen in Canada, despite an original commitment to reduce emissions to 1990 levels by the year 2000.

"I would say that Canada is currently the worst of the Kyoto parties," Verheyen said. She argued Canada also failed to meet a Kyoto Protocol provision stating that each party must make "demonstrable progress" by the year 2005 and that Canada has not reported on its progress, as required.

Senior Campaigner for Friends of the Earth Christine Elwell said this confirms Canadian pollution "violates or is likely to violate an international agreement — the Kyoto Protocol."

Elwell said the group has presented federal Environment Minister Rona Ambrose with a letter pointing out the minister's mandatory duty in the CEPA provision.