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Correction of previous information regarding the Environmental Emergency Regulations

Environmental Emergency Regulations under Part 8 of CEPA 1999

The Environmental Emergency (E2) Regulations were registered on August 20, 2003 and published in Part II of the Canada Gazette on September 10, 2003.

We wish to advise you that the E2 Regulations are to come into force on November 18, 2003, that is, 90 days after the day on which they were registered. Please note that the deadline dates by which some of the requirements under the E2 Regulations must be complied with will be determined by counting from that date of coming into force, as shown in the chart below.

In previous correspondence and communications, Environment Canada has incorrectly indicated to stakeholders that some of the deadline dates under the E2 Regulations would be determined by counting from December 9, 2003 instead of November 18, 2003. This suggested that each of these deadline dates would be 21 days later than it actually is. We apologize for any inconvenience this may have caused.

For additional information on the Environmental Emergency Regulations, how they may apply to you and other relevant documentation, please visit Environment Canada's Environmental Emergencies Website.

Paula Caldwell St-Onge
Director General/Directrice générale
National Programs Directorate/Programmes nationaux


Selected Timelines Under the Environmental Emergency Regulations 1
Subsection2RequirementDeadline for ComplianceHow Deadline is Affected by Date of Coming Into Force
3(3)Submit notice pursuant to subsection 3(1) [Notice Regarding the Identification of Substance and Place]

Within 90 days after the later of:

  • (a) the day on which the E2 Regulations come into force; and
  • (b) the day on which the maximum quantity or capacity of the largest container exceed the specified threshold
The deadline determined pursuant to paragraph 3(3)(a) is February 16, 2004
3(6)Submit certification that the information contained in the notice submitted pursuant to subsection 3(1) is accurate and completeThe certification must be submitted at the same time as any notice required under subsection 3(1), 3(4) or 3(5)If a notice is required to be submitted under subsection 3(1) and if the deadline for submitting that notice is determined pursuant to paragraph 3(3)(a), then the deadline for submitting the corresponding certification required under subsection 3(6) is February 16, 2004
4(4)Submit a Report
Regarding the Preparation of an Environmental Emergency Plan

Within 6 months after the later of:

  • (a) the day on which the E2 Regulations come into force; and
  • (b) the day on which a person is first required to prepare an environmental emergency plan under subsection 4(1)
The deadline determined pursuant to paragraph 4(4)(a) is May 18, 2004
4(5)Submit a certification that the information contained in the report under subsection 4(4) is accurate and completeThe certification must be submitted at the same time as the report under subsection 4(4)If the deadline for submitting the report under subsection 4(4) is determined pursuant to paragraph 4(4)(a), then the deadline for submitting the certification is May 18, 2004
5(1)Implement and test the environmental emergency plan and submit a Notice of Implementation and Testing of an Environmental Emergency Plan

The environmental emergency plan must be implemented and tested within 1 year after the later of:

  • (a) the day on which the E2 Regulations come into force; and
  • (b) the day on which a person is first required to prepare an environmental emergency plan under subsection 4(1)
The deadline determined pursuant to paragraph 5(1)(a) is November 18, 2004
5(2)Submit a certification that the information contained in the notice submitted pursuant to subsection 5(1) is accurate and completeThe certification must be submitted at the same time as the notice under subsection 5(1)If the deadline under subsection 5(1) is determined pursuant to paragraph 5(1)(a), then the deadline for submitting the certification is November 18, 2004
6(1)Update and test the environmental emergency planAt least once a yearIf the deadline for implementing and testing the E2 plan is determined pursuant to paragraph 5(1)(a), then the annual deadline for updating and testing the environmental emergency plan is November 18 of each year thereafter

1 - The "E2 Regulations". Disclaimer: This chart sets out timelines under the E2 Regulations that are affected by the date of coming into force of the E2 Regulations. It does not set out all the timelines under the E2 Regulations. It is provided for information purposes only and is not an official version of nor a substitute for the Canadian Environmental Protection Act and/or the E2 Regulations.

2 - Subsections of the E2 Regulations.

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