Virtual elimination (VE) plans

When a substance is assessed under CEPA 1999 in order to determine whether or not it is toxic or capable of becoming toxic, the Ministers of the Environment and Health may find that the substance:

• is toxic within the meaning of Section 64 of CEPA 1999;
• persists or remains in the environment for, at a minimum, the period of time stipulated in regulations under Section 67 of CEPA 1999;
• accumulates in living organisms as described in the above-mentioned regulations; and
• is present in the environment primarily as a result of human activity, such as manufacturing or other industrial activities, or disposal.

If the substance meets all four of these conditions and is not a naturally occurring inorganic substance such as mercury or lead, nor a naturally occurring radionuclide, the Ministers of the Environment and Health must, under Sections 77(4) and (6) of CEPA 1999, propose the implementation of virtual elimination under subsection 65(3).

"Virtual elimination" is defined in Section 65 of CEPA 1999 as the ultimate reduction of the quantity or concentration of the toxic substance in an emission, effluent, or waste released to the environment, so that the quantity or concentration is below a level set by the Ministers of the Environment and Health. To set that level, the Ministers stipulate the lowest concentration of the toxic substance that can be accurately measured using sensitive and readily available sampling and analytical methods.

Part 5 of CEPA 1999 gives the Minister of the Environment the authority to require the preparation and submission of VE plans. To invoke these requirements, the Minister of the Environment publishes a Notice both in the Canada Gazette, Part I, and in this Environmental Registry. Persons named or identified in the Notice must prepare the plan and then submit it to the Minister.

The VE plan must include a description of the action or actions that the person proposes to take in order to achieve VE as defined above, and the amount of time needed to take such action. The plan may also include any relevant information on environmental or health risks and any social, economic or technical factors. For example, a social factor might be the need that the substance fills for consumers; an economic factor might be the cost of taking the proposed action; and a technical factor might be the nature of technology available to achieve VE.

For more information, please contact: CEPAP2plans@ec.gc.ca

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