1.0 Summary of CEPA 1999's Pollution Prevention Planning Provisions under Part 4

Part 4 of CEPA 1999 gives the Minister of the Environment the authority to require the preparation and implementation of pollution prevention (P2) plans for CEPA-toxic substances (substances on Schedule 1 of CEPA, the List of Toxic Substances).

The Minister will require the preparation and implementation of P2 plans by issuing Canada Gazette notices under section 56. These notices may specify who will be required to prepare and implement a P2 plan, what factors are to be considered in preparing the plan, the time limits for preparing and implementing plans, and any administrative matter necessary for the purposes of this Part of the Act.

The Minister will require the submission by affected persons of two formal declarations: a declaration of preparation of the plan and a declaration that the plan has been implemented. The content of these declarations will be prescribed in the section 56 Gazette Notice. The Minister also has the authority to require submission of all or parts of the Pollution Prevention Plans for the purpose of determining and assessing prevention and control actions in respect of a substance or group of substances.

Persons who have prepared P2 plans for another purpose (i.e., pursuant to a legal obligation or voluntarily) may be able to use those plans to satisfy some or all of the CEPA 1999 requirements. However, declarations of preparation and implementation will be required from all persons identified in the section 56 Notice.

The Act provides significant penalties for not complying with the provisions of CEPA or for providing false or misleading information. Penalties are described in sections 272 and 273 and include fines or imprisonment or both.

Appendix 1 contains the text of CEPA 1999 provisions relative to Pollution Prevention Planning under Part 4.

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