Pollution Prevention Planning Support Tools

Pollution Prevention Planning in Part 4 of the Canadian Environmental Protection Act, 1999


Pollution Prevention Planning in Part 4 of CEPA 1999 (PDF; 87 KB)

Part 4 of the Canadian Environmental Protection Act, 1999 (CEPA 1999) gives the Minister of the Environment the authority to require the preparation and implementation of Pollution Prevention plans (P2 Plans) to manage substances that have been added to the list of Toxic Substances in CEPA 1999.


What is Pollution Prevention?

CEPA 1999 defines Pollution Prevention as “the use of processes, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste, and reduce the overall risk to the environment or human health.”

What is a Pollution Prevention plan?

A pollution prevention plan (P2 Plan) documents how a facility will prevent or minimize the creation of pollutants and waste. It identifies cost-effective options and shows where investment in pollution prevention would lead to cost savings. Refer to the Pollution Prevention (P2) Planning - The Basics fact sheet for more information.

Environment Canada will require P2 Plans under Part 4 in order to:

  • generate action that will contribute to the effectiveness and efficiency of the management of toxic substances listed under the Act and reduce overall risk to the environment and human health;
  • provide an opportunity for early action (relative to regulatory measures);
  • provide opportunities to develop and implement situation-specific solutions; and
  • encourage Pollution Prevention.


What is the process for requiring P2 plans?

The Minister of the Environment invokes the requirement to prepare and implement P2 Plans by publishing Notices in the Canada Gazette, Part I. A Proposed Notice will be published, followed by a 60-day public comment period. After the comments are reviewed, a Final Notice requiring the preparation and implementation of P2 Plans will be published in Canada Gazette, Part I.

Key elements of a P2 Planning Notice 

A P2 Planning Notice specifies the substance or group of substances to be covered in the P2 Plan, the persons or class of persons who are required to prepare and implement a plan, the activities that will be considered, and the deadlines for preparing and implementing the plan. The P2 Planning Notice also outlines the factors that must be considered when preparing and implementing the plan. This may include consideration for the environmental and human health risks posed by CEPA-toxic substances.

For more information on CEPA-toxic substances visit Environment Canada’s Management of Toxic Substances website.

Key requirements of a P2 Planning Notice:

  • prepare a P2 Plan;
  • ensure that the “factors to consider” are adequately addressed in preparing the P2 Plan;
  • submit a Declaration of Preparation;
  • implement the P2 Plan;
  • submit a Declaration of Implementation;
  • submit Interim Progress Reports and amendments as required;
  • respect all the deadlines published in the Notice;
  • ensure that the information submitted is consistent with the P2 Plan; and
  • keep a copy of the P2 Plan on-site and available for submission if requested.


What information must be submitted?

Those subject to a P2 Planning Notice must submit two summary forms, the Declaration of Preparation and the Declaration of Implementation. Those subject to a Notice are not required to submit the P2 Plan itself, unless officially requested to do so.

  • Declaration of Preparation:
    This declaration informs Environment Canada that the P2 Plan has been prepared and is being implemented, and reports on the anticipated actions and expected results.
  • Declaration of Implementation:
    This declaration informs Environment Canada that the P2 Plan has been implemented, and reports on the actions that were taken and the total results that were achieved.

In some cases Interim Progress Reports may be requested. Interim Progress Reports inform Environment Canada about the progress being made in the implementation of the P2 Plan. 

If any information submitted in these forms becomes false or misleading, amended Declarations or Interim Progress Reports must be submitted. Those subject to a Notice also have the option of applying for a time extension, submitting a request to waive a factor to consider, and submitting a request for confidentiality.

  • Time extensions: Those subject to a Notice can submit a request to extend the period of time given to prepare or implement the P2 Plan.
  • Waivers: Those subject to a Notice can submit a request for waiver of one or more of the factors specified in the Notice.
  • Confidentiality: Under CEPA 1999, anyone who provides information may submit a written request that specific information be treated as confidential.

Filing of Declarations and Interim Progress Reports

All Declarations and Interim Progress Reports are filed online through the Pollution Prevention Planning website. The site also contains information to help facilitate reporting such as a step-by-step guide to online reporting and detailed instructions for completing declarations and reports.

All Declarations and Interim Progress Reports are publicly posted on Environment Canada’s Pollution Prevention Planning Web site.

Conclusion

The pollution prevention planning provisions of the Canadian Environmental Protection Act, 1999 provide authority for the Minister of the Environment to use a flexible instrument for the management of toxic substances listed under the Act. It is expected that this instrument will continue to contribute to the reduction of risks to the environment and human health associated with these toxic substances and promote the improvement of overall environmental performance and awareness in Canada.

Want to know more?

Here are some additional sources of information on P2 planning:

1. Pollution Prevention Planning Database and Website

2. CEPA Environmental Registry

For further information, please contact

Environment Canada
Innovative Measures Section
351 St. Joseph Blvd.
Gatineau, Quebec K1A 0H3
Phone: 819-994-0186
Fax: 819-953-7970
Email: LCPEPlansP2-CEPAP2Plans@ec.gc.ca