• Pollution Prevention Planning Notices
• Factors to Be Considered
• Waiver of “Factors to Be Considered”
• Opportunities for Consultation and Comment

Pollution Prevention Planning Notices

Once the Governor in Council has added a substance to Schedule 1 of CEPA 1999 (List of Toxic Substances) and a P2 Planning Notice is selected as the risk management instrument of choice, the Minister will publish a P2 Planning Notice in the Canada Gazette.

Typically, Environment Canada leads the development and publication of Notices in cooperation with Health Canada.

These Notices are published in Part I of the Canada Gazette, are posted online on the CEPA Environmental Registry and the Pollution Prevention Planning Web site, and may be mailed out as appropriate to affected persons and/or their associations.

Section 56(2) of the Canadian Environmental Protection Act, 1999 states that these Notices may specify:

• a) the substance or group of substances in relation to which the plan is to be prepared;
• b) the commercial, manufacturing, processing, or other activity in relation to which the plan is to be prepared;
• c) the factors to be considered in preparing the plan;
• d) the period within which the plan is to be prepared;
• e) the period within which the plan is to be implemented; and
• f) any administrative matter necessary for the purposes of this Part.

Appendix 2 contains a sample P2 Planning Notice.

Factors to Be Considered

All P2 Planning Notices will specify "factors to be considered." When developing and implementing their pollution prevention plans, persons subject to a Notice must take into account the factors to be considered that are listed in the Notice. In addition, the subsection 58(1) Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented and the subsection 58(2) Declaration That a Pollution Prevention Plan Has Been Implemented require persons subject to the Notice to report on what they have done to take into account the factors to be considered.

Factors to be considered will include, among other things, the risk management objective.⁶ In most cases, the objective will be based on the risk assessment undertaken for the substance, and they may take a variety of forms, depending on the circumstances. The risk management objective may range from specific performance standards⁷ to more of a general objective related to life-cycle management of toxic substances. Other examples of factors to be considered that may be referenced in a P2 Planning Notice include the environmental and human health risks associated with specific toxic substances, technologies or pollution prevention practices that are currently available, and/or other risk management measures planned for the toxic substance(s) in question.

Waiver of “Factors to Be Considered”

Subsection 56(5) authorizes the Minister, upon written request by any person to whom a Notice is directed, to waive the requirement to consider a factor specified under paragraph 56(2)(c) of CEPA 1999 where the Minister is of the opinion, based on reasons provided in the request, that it is not reasonable or practicable for the factor to be considered.

Appendix 4 contains a sample form for requesting such a waiver.

Opportunities for Consultation and Comment

The Minister will involve stakeholders as early as possible in the overall process of determining how to manage specific toxic substances. During this process, stakeholders may participate in the determination of who should be required to prepare and implement P2plans; appropriate factors to be considered in the preparation of such plans; and the time period allocated for the preparation and implementation of such plans.

During the development of a P2 Planning Notice, the Minister will publish in Part I of the Canada Gazette a copy of a Proposed Notice to allow a 60-day comment period before publishing the final Notice. It is expected that stakeholders will use this 60-day period to provide written comments on the content of the Proposed Notice.

⁶ “Risk management objective” refers to the desired environmental aim, goal, or outcome relevant to the reduction of the risks to the environment and human health from a toxic substance.

⁷ “Performance standard” refers to the specific outcome that should result from the actions taken by the affected party or parties. A performance standard will not prescribe how the outcome is to be achieved. It may be expressed in various ways, including, for example, percent or absolute reduction of use or release levels, absolute use or release levels, or use or release levels as a percentage of overall production levels.