Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation

Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation (PDF; 2.16 MB)

SECOND EDITION

JULY 2008

Disclaimer
Preface

Disclaimer

The guidance contained in this document should be relied upon for general information purposes only and should not be interpreted as legal advice and may not necessarily reflect all legal requirements of the pollution prevention planning provisions of Part 4 of the Canadian Environmental Protection Act, 1999. Should a discrepancy between this document and Part 4 of the Act arise, the latter shall prevail.

Environment Canada has made every attempt to ensure that the information in this document is accurate; however, Environment Canada does not warrant the currency, quality, accuracy, or reliability or completeness of any information in this document. It is understood by the user of this document (the "user") that this document and the information within are provided "as is" without warranty or condition of any nature, including fitness for a particular purpose or non-infringement of proprietary rights regarding any information, materials, or other documents that are referenced by and included within this document.

For all purposes of interpreting and applying the law, users should consult:

• the Acts as passed by Parliament at www.parl.gc.ca/common/bills.asp?Language=E, which are published in the "Assented to" Acts service, Part III of the Canada Gazette at http://www.gazette.gc.ca/rp-pr/p3/index-eng.html, and the annual Statutes of Canada;
• the regulations, as registered by the Clerk of the Privy Council and published in Part II of the Canada Gazette at http://www.gazette.gc.ca/rp-pr/p2/index-eng.html; and
• the Notices as published in Part I of the Canada Gazette at http://www.gazette.gc.ca/rp-pr/p1/index-eng.html.

The above-mentioned publications are available in most public libraries. The Canadian Environmental Protection Act, 1999 and associated regulations and notices are available online on the CEPA Environmental Registry.

Environment Canada accepts no responsibility should any damages be caused to a person, directly or indirectly, as a result of the use that is made of information provided in, or taken from, this document, or as a result of reliance on the information available in this document.

If specific legal advice is required, the user should consult his/her/its own legal counsel.

Preface

Part 4 of the Canadian Environmental Protection Act, 1999 gives the Minister of the Environment the authority to require the preparation and implementation of pollution prevention plans for substances or groups of substances specified on the List of Toxic Substances in Schedule 1 of the Act.

The Canadian Environmental Protection Act, 1999 contains other pollution prevention planning provisions. Part 7 authorizes the Minister to require pollution prevention plans in some circumstances for Canadian sources of international air and international water pollution. Part 9 (paragraph 209(1)(b)) authorizes the Governor in Council to make regulations respecting pollution prevention planning by federal government operations. Under Part 10 (paragraph 291(1)(c)), a court may direct an offender that has been convicted of an offence under the Act to prepare and implement a pollution prevention plan. While Parts 7, 9, and 10 of the Act also contain pollution prevention planning provisions, these guidelines address pollution prevention planning under Part 4 only.

Pursuant to Section 62, in Part 4 of the Canadian Environmental Protection Act, 1999, the Minister of the Environment must develop guidelines respecting the circumstances in which and the conditions under which pollution prevention planning
is appropriate. This document has been developed to fulfill this requirement and to provide a brief introduction to the provisions under Part 4 of the Act and the requirements of pollution prevention planning Notices.

This is the second edition of this document. The first was originally published in 2001. These guidelines will continue to be revised as experience is gained through use of these provisions.