Declarations, Time Extensions, Waivers

Declarations

Declaration of preparation:

Declaration that a plan has been prepared and is being implemented

Part 4 of CEPA 1999 requires persons subject to a Canada Gazette Notice to submit two declarations, the first of which stating that a P2 plan has been prepared and is being implemented. This declaration must be submitted within the timeline specified in the Notice using the appropriate form and contain the information specified by the Minister.

Where a person has filed such a declaration which contains information that, at any time after the filing, has become false or misleading, that person must file an amended declaration to the Minister within 30 days after that time.

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Declaration of implementation:

Declaration that a plan has been implemented

Part 4 of CEPA 1999 requires persons subject to a Canada Gazette Notice to submit two declarations, the second of which stating that a P2 plan has been implemented. This declaration must be submitted within the timeline specified in the Notice using the appropriate form, and contain the information specified by the Minister.

Where a person has filed such a declaration which contains information that, at any time after the filing, has become false or misleading, that person shall file an amended declaration to the Minister within 30 days after that time.

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Interim Progress Reports

Interim Progress Reports may be required, for example, when there is substantial time between submissions of the two declarations (Declaration of preparation and Declaration of implementation). This report must be submitted within the timeline specified in the Canada Gazette Notice using the appropriate form, and contain the information specified by the Minister.

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Time Extensions

Time Extensions

Persons subject to a Canada Gazette Notice requiring the preparation and implementation of P2 plans may apply for a time extension to submit the necessary declarations. Such requests must be made before the time to prepare or implement a plan has expired using the appropriate form, and contain the information specified by the Minister.

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Waivers

Waivers for "factors to consider"

Each Canada Gazette Notice requiring the preparation and implementation of P2 plans specifies the factors that should be considered when preparing a P2 plan for a given substance(s). These could include a risk management objective, environmental and human health risks, currently available technologies or pollution prevention practices, and existing or proposed regulations relevant to the CEPA 1999 toxic substance, as well as other factors.

Where a person subject to a Notice feels that it is not reasonable or practicable to consider one of the factors listed, they may apply to have that factor waived. Such applications must be made using the form and contain the information specified by the Minister.

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