Halocarbons: how to fill P2 notice schedules in the reporting tool

Notice Reference Code: P2HALOCARBONS

Disclaimer

This document is intended to provide guidance only. It does not in any way supersede or modify the Canadian Environmental Protection Act, 1999 (CEPA 1999) or any Notice issued by the Minister of Environment under Section 56 of the Act requiring the preparation and implementation of a pollution prevention (P2) plan. In the event of an inconsistency between this document and CEPA 1999 or the P2 Notice issued by the Minister and published in the Canada Gazette, the Act and the P2 Notice prevail.

A. General Instructions

These instructions are designed to accompany the "Notice requiring the preparation and implementation of pollution prevention plans in respect of halocarbons used as a refrigerant" referred to as "the Notice" throughout this document. For additional information please see Section J "Useful Links" at the end of this document.

Certain forms must be submitted to the Minister of the Environment by the deadlines specified in the Notice. These forms are:

  • Schedule 1: Declaration That A Pollution Prevention Plan Has Been Prepared and Is Being Implemented.

    Schedule 1 is due on December 20 2016.

  • Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors

    In the event that a person subject to a Notice is of the opinion that it is not reasonable or practicable to consider one or more of the factors specified in the Notice, that person may request a waiver of that factor from the Minister of the Environment by submitting a Schedule 2.

  • Schedule 3: Request for Time Extension

    A person subject to a Notice may submit a request for an extension of the time specified in the Notice to prepare or implement a pollution prevention plan. In such cases, the person subject to the Notice must complete and submit a Schedule 3 to the Minister of the Environment.

  • Schedule 4: Not required for this Notice

  • Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented

    Schedule 5 is due on December 20, 2018.

Online Reporting

Forms referred to in the Notice (Schedules 1 to 5) should be filled out electronically using the CEPA Pollution Prevention Planning Online Reporting Tool accessed through Environment and Climate Change Canada's Single Window Information Manager (SWIM).  For guidance on how to access SWIM and on submitting Schedules electronically, please refer to the Tip Sheet for Accessing SWIM and Navigating the CEPA Pollution Prevention Online Reporting Tool.

Important!

Your reporting requirements are not considered complete until Environment and Climate Change Canada receives your certified schedule through the CEPA Pollution Prevention Planning Online Reporting Tool.  Once you have successfully submitted your Schedule, an email confirmation message will be sent to the person submitting the Schedule via the SWIM account.

Amendments

Amendments to a previously submitted Schedule should be filled out electronically using the CEPA Pollution Prevention Planning Online Reporting Tool where you initially entered your Schedule.    

Once you are in the Reporting Dashboard, a list of all your submitted Schedules will appear in the Reports section at the bottom of the screen. Select the Schedule that you would like to amend and click on the pencil at the end of the line to edit your Schedule. You will then be asked to specify the part(s) of the Schedule that you are amending as well as the reason(s).  After you have updated the relevant parts of your Schedule, you will need to resubmit your Schedule by going into the Certification page and clicking the Proceed to Submit  and Submit buttons. 

Public Disclosure of Information

For all Pollution Prevention Planning Notices, the submitted Schedules 1 and 5, and amendments to such Schedules (where applicable) will be posted on the P2 Planning section of Environment & Climate Change Canada's Website. (See related section I. Confidential Business Information).

Information within the certification, general contact and technical contact sections will not be made publicly available.

As much of the information required in the Schedules 1 and 5 is common or similar, these instructions provide part-by-part rather than form-by-form guidance. The beginning of each section of these instructions outlines those Schedules to which the information in that part of the Schedule applies.

B. Contact Information

The information described in this Part will be collected when you access SWIM for the first time.  Your contact information will be transferred from SWIM into your Schedule 1 and 5 when you start reporting. However, once you are in your Schedule, you will have the opportunity to update your contact information if it has changed and then save it into SWIM by choosing the Save to Swim button at the bottom of the screen.

Contact Information

Company Name

Enter the Company name.

Canadian Federal Business Number

Enter the Canadian Federal Business Number provided by the Canada Revenue Agency

Physical Address, City, Province/Territory, Postal Code

Enter the street name and number, street type, street direction, and other identifiers such as unit number, suite number or building designation (for example, Building A). For rural addresses, where a street address is not available, enter the lot and concession numbers. Enter the name of the city, town, village, district or township, the province or territory, and the postal code where the company is located. Because this is a location identifier, do not use a post office box or mailing address.

Telephone Number (with area code)

Enter a telephone number (with the area code) for the company

E-mail Address

Enter an e-mail address for the company.

Mailing Address, City, Province/Territory, Postal Code

A checkbox will be provided if the Physical Address is the same as the Mailing address.  If the Mailing address is different from the street address, enter the post office box or mailing address information, as well as the name of the city, town, village, district or township, the province or territory, and the postal code in the appropriate fields.

Technical Contact

Enter the name and telephone number (with area code) of the technical contact. If available, enter the e-mail address and facsimile number (with the area code) of the technical contact. It is recommended that the technical contact be a representative who can be contacted by Environment and Climate Change Canada for clarification of information submitted in the Schedule(s). The Technical Contact may be the program administrator of a collective stewardship program. This person should be familiar with and be able to answer questions about the information provided. The technical contact will receive all information, mailings and inquiries from Environment and Climate Change Canada. If a collective stewardship program establishes a program administrator, this person or entity may fill out the Declarations (Schedules 1 to 5) on behalf of the persons or class of persons subject to the Notice. However, the program administrator may not sign and submit the Declarations. These Declarations may only be signed and submitted by the persons or class of persons subject to the Notice. In addition, the persons or class of persons subject to the Notice remain responsible for compliance with the Notice.

The name and contact information for the technical contact will not be posted electronically.

General Contact Information

A checkbox will be provided if the General Contact Information is the same as the Technical Contact, you will not need to reenter the information. Please enter the name of a General Contact name and information. This information could be used by Environment and Climate Change Canada to correspond with a consultant or association that has filled your Schedule on your behalf. This information will not be posted online.

For Schedule 1 only:

Use of Plans Prepared or Implemented for Another Purpose

A pollution prevention plan prepared or implemented for purposes other than to comply with this Notice may be used as long as it fulfills all the requirements of this Notice. If the existing plan does not meet all the requirements, it can either be updated so that it meets the requirements or a new pollution prevention plan that meets the requirements can be prepared and implemented.

Indicate if you are satisfying the requirements of this Notice using a pollution prevention plan previously prepared voluntarily or to comply with other legal requirements, such as for another government or another Act of Parliament. If yes, identify the legal requirement(s). Examples of other legal requirements for which a pollution prevention plan may have been prepared are municipal by-laws, provincial regulations, court orders and EPAM (environmental protection alternative measures).

C. Substance and Activity Information

The information described in this part is collected in Schedules 1 and 5.

Note: Reporting Period

Schedule 1 requires reporting of data for a full calendar year (January 1 to December 31). Schedule 5 requires reporting of data for a full year, which may or may not correspond to a calendar year.

Reference is made to Implementation Year years throughout these instructions. The Implementation Year refers to the final year of reporting. If you are completing Schedule 5, the data you are reporting corresponds to the Implementation Year.

If you became subject after the date of publication of the Notice or have applied for and received a time extension that subsequently affects the year for which you must report, indicate the new year for which you are reporting. All references to the year in the Schedules correspond to the new year that you have identified.

Activity Information

Indicate how the halocarbons manufactured, imported or reclaimed was used during the time period for which you are reporting. You may identify more than one activity. Descriptions of activities are provided below.

For original equipment manufacture

When a company uses halocarbon refrigerants to charge new refrigeration or air conditioning systems that it manufactures.

For service/maintenance

When a company uses halocarbon refrigerants to re-charge refrigeration or air-conditioning systems in service.

For sale/distribution in Canada as a refrigerant

When a company sells or distributes the halocarbon refrigerants in Canada.  When this activity is selected you must also select at least one province or territory.

For export

When a company manufactures, imports or reclaims halocarbon refrigerants that are subsequently exported out of Canada.

Other

"Other" encompasses any activity involving the halocarbons used as refrigerant that does not fall under the definitions of the other activities described above. If your company used halocarbons used as refrigerant in a manner that falls under the category "other", provide a description to further clarify the identified nature of activities

Participation in a Stewardship Program Prior to Becoming Subject to this Notice

In Schedule 1, indicate whether or not you participated in a stewardship program prior to becoming subject to this Notice, whether or not the program addressed all the factors to consider in the Notice. Below are examples of programs where a person would answer yes:

  • A program that only accepted CFC and HCFC refrigerants for reclamation and/or destruction.
  • A program that only accepted HCFC and/or HFC refrigerants that could be reclaimed.

If you participated in a program that managed halocarbon refrigerants prior to becoming subject to this Notice, please provide the requested information in question b) regarding the activities and the additional details regarding the program. If you were not participating in a program prior to the Notice (i.e., answered no to question a)), you do not have to fill out question b) and may proceed to question c).

In question c), please indicate what your intentions are further to the publication of this Notice. You have four choices:

  1. Continue to participate in the program in which you were participating prior to becoming subject to this Notice. If you did not participate in a program that managed halocarbon refrigerants prior to the publication of this Notice, then you should not choose this option.
  2. Join an existing stewardship program. This option is possible whether or not you were participating in a program prior to becoming subject to this Notice. For example, you decide to change programs by leaving the program in which you were participating and join another existing program.
  3. Develop a new stewardship program. This option is possible whether or not you were participating in a program prior to becoming subject to this Notice. For example, you decide to leave the existing stewardship program to develop a new stewardship program.
  4. None of the above options. Provide a description to explain this option and how none of the above options are applicable to you.

In Schedule 5 indicate whether or not you participated and if you will continue to participate in a stewardship program.  If you answer yes please provide the additional information about the program.

D.  Actions and Results

The instructions for this Part are designed to provide direction for completing Schedules 1 and 5. Headings however may be slightly different from Schedule 1 to 5 to reflect the type of data required in that Schedule (e.g., anticipated results and results achieved).

  • In Schedule 1, this Part requires you to enter the "anticipated" actions and results that you intend to achieve through implementing a pollution prevention plan.
  • In Schedule 5, this Part requires you to report the final changes to actions and results achieved by the pollution prevention plan, after completing the implementation of the plan.

In Schedule 1 report the anticipated annual targets (in kgs) of halocarbon refrigerants to be accepted in the stewardship program for reclamation or destruction for the five years of stewardship program that follow your becoming subject to this Notice.

In Schedule 5 report the total quantity, in kg, of halocarbon refrigerants accepted in the stewardship program to be reclaimed or destroyed to date.  As well, indicate the date the program started accepting refrigerant to be reclaimed or destroyed.  Enter the year, month and day.  Other information is also requested in Schedule 5 that provides information on how you have implemented various factors to consider:

  • Description of the criteria to decide when a halocarbon refrigerant accepted in the stewardship program can be reclaimed, or when a halocarbon refrigerant must be destroyed.
  • Halocarbon refrigerants accepted in the stewardship program.
  • Description of the collection facilities and collection services.
  • Description of the communication and education plan.
  • Description of the environmental compliance audit that was conducted after the first full year of operation and a summary of the results.
  • Description of the funding to support the stewardship program.

E. Risk Management Objectives and Factors to Consider

The information described in this section is collected in Schedules 1 and 5.

Risk Management Objective

The risk management objective is the desired environmental aim, goal or outcome to reduce the risk to the environment and human health. Environment and Climate Change Canada's risk management objective is stated in subsection 4(2) of the Notice.

In Schedule 1 and Schedule 5, briefly describe how the pollution prevention plan will meet/has met the risk management objective. If the plan does not meet the risk management objective, explain why.

Factors to Consider

The Notice states the factors that you must consider while preparing and deciding which actions to take in your pollution prevention plan. In Schedule 1 you must report on the following factors to consider within the Factors to Consider section of the report.  However for Schedule 5 a number of these factors are reported on under the Results Achieved section (identified above) :

  • Establish criteria to decide when a halocarbon refrigerant accepted in the stewardship program can be reclaimed, or when a halocarbon refrigerant must be destroyed. The criteria are to take into account environmental or health risks and any other relevant social, economic or technical matters to best achieve the environmentally sound management of halocarbon refrigerants for the purposes of reclaiming or destroying them.
  • Accept in the stewardship program halocarbon refrigerants that are recovered from refrigeration systems or stationary air conditioning systems, in Canada, other than domestic appliances.
  • Accept in the stewardship program halocarbon refrigerants referred to in paragraph 4(4)(c) regardless of the content of oil, water, acids (pH), and dyes.
  • Start accepting halocarbon refrigerants referred to in paragraphs 4(4)(c) and (d) within 12 months of the person or class of persons becoming subject to this Notice,
  • Provide access to collection facilities and collection services for recovered halocarbon refrigerants referred to in paragraphs 4(4)(c) and (d) in at least every province and territory where the person or class of persons subject to this Notice sells and/or distributes halocarbon refrigerants for refrigeration systems and stationary air conditioning systems.
  • Take into account and promote the Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air-Conditioning Systems, published in April 2015 by the Department of the Environment, as amended from time to time.
  • Develop and implement a communication and education plan to increase awareness of the stewardship program among heating, ventilation, air conditioning and refrigeration contractors in Canada. Describe how you plan to inform contractors about the stewardship program (for example, radio advertisement, fact sheets available at wholesalers, etc.) and at what frequency you intend to conduct these communication and education campaigns.
  • Develop annual targets of halocarbon refrigerants recovered in Canada that are accepted in the stewardship program in order to be reclaimed or destroyed. Annual targets are established for five-year periods.
  • Conduct an environmental compliance audit of the stewardship program in accordance with ISO 19011:2011 to verify conformity with national, provincial and local laws and regulations, and with the Plan. Conduct environmental compliance audits after one full year of operation of the stewardship program and every three years thereafter. The audits are to be conducted by an independent third-party Environmental Professional specialized as a Compliance Environmental Auditor or Environmental Management Systems Auditorcertified by the Environmental Careers Organization (ECO) Canada. Indicate who you expect will conduct this audit or how you will select the person/consultant and provide an overview of the anticipated audits.
  • Publicly report operations and performance of the stewardship program on a yearly basis. The public reporting is to start after the first full calendar year of operation of the stewardship program and continue every year thereafter. The report is to be made accessible by May 31 of every year at the latest. Describe what information you anticipate these reports will contain and where you expect them to be available (if possible provide the web address where the report will be available).
  • Perform a review of the stewardship program every five years to improve its performance. If the person or class of persons identified in subsection 2(1) participates in a collective stewardship program, the review may be conducted as part of a collective review. Describe how you anticipate this review will be conducted and the anticipated indicators to be used to determine performance.  This is the only factor to consider in Schedule 5 where you have to describe any progress made.
  • Establish and maintain funding that supports the stewardship program. Describe how the program activities will be financed (for example, by a levy when contractors purchase halocarbon refrigerants, etc.).

Briefly describe what has been done to take into account these factors to consider during the preparation/implementation of the plan.

If applicable, describe any additional details or changes in how these factors were taken into account, except those factors for which a waiver has been granted by the Minister of the Environment.

Refer to section G of these instructions for information on applying for a waiver of the requirement to consider a factor to consider.

F. Certification

The information described in this section is collected in all Schedules.

Certification

If applicable, a comment box is provided to specify the parts that you requested confidentiality as well as the reasons for your request (for more information on Confidentiality, refer to Section I.)

All schedules submitted to Environment and Climate Change Canada must be certified by an appropriate authority, since the person who signs the schedules is confirming that the information being reported is true, accurate, and complete.  The name, title and email address of that person need to be provided before submission to Environment and Climate Canada.

A comment box is also provided for general comments.

G. Waiver of the Requirement to Consider a Factor or Factors

The information described in this section is collected in Schedule 2.  Information submitted in Schedule 2 will not be made available to the public.

The Notice states factors that you are to consider while developing and deciding which actions you anticipate taking in your pollution prevention plan. If you do not think it is reasonable or practicable to consider one or more of the factors specified in the Notice, you may apply for a waiver of the requirement to consider factor(s). Such a request will only be considered if it is received on or before the deadline to prepare the plan as specified in the Notice (or before the expiry of any extended period), not the deadline to submit the Schedule 1.   Persons submitting requests for waivers of the requirement to consider a factor will receive a written response informing them of the Minister's decision to grant or deny the request.  Unless you submit Schedule 2 and are granted a written waiver by the Minister of the Environment, you must consider all factors identified in the Notice.

Factor(s) for Which a Waiver Is Being Requested

Identify exactly those factors specified in the Notice for which you are requesting a waiver for the requirement to consider.

Rationale for Request

Explain the reason(s) that you are applying for a waiver (i.e. why you believe the factor(s) specified in the Notice is/are or is/are not reasonable or practicable to consider).

Explain how the outcome of your pollution prevention plan will be affected if the factor(s) for which you are requesting a waiver of the requirement to consider is(are) not taken into account when preparing your pollution prevention plan.

You may also identify other alternative factors, if any, that were not specified in the Notice that you propose to consider in your plan. This is optional.

H.    Time Extension to Prepare or Implement a Pollution Prevention Plan

The information described in this section is collected in Schedule 3.  Information submitted in Schedule 3 will not be made available to the public.

The Canada Gazette Notice states the time period within which your pollution prevention plan must be prepared and its implementation begun, and the time period within which your pollution prevention plan must be implementedFootnote1.

If you do not think it is reasonable or practicable to prepare or implement your pollution prevention plan in the time allotted, you may request an extension of the time period specified in the Notice using Schedule 3.

Such a request will only be considered if it is received on or before the deadline to prepare (or implement) the plan as published in the Notice (or before the expiry of any extended period), not the deadline to submit the Schedule 1 (or Schedule 5).  Persons submitting such requests will receive a written response informing them of the Minister's decision to grant or deny the request.

Note that the Minister of the Environment publishes in the Canada Gazette the name of any person for whom an extension is granted, the duration of the period of the extension, and whether the extension is for the preparation or implementation of the plan.

Request for Time Extension

Indicate which time period you are requesting to be extended (period to prepare a pollution prevention plan, or period to implement a pollution prevention plan). Specify the new date to which you wish the time period to be extended.

Rationale for Request

Explain the reasons that you are applying for an extension (i.e. why you believe the time period specified in the Notice is not reasonable or practicable). The Minister of the Environment will evaluate the request for a time extension based on the reasons or rationale provided in the request.

I. Confidential Business Information

All persons submitting information to the Minister of the Environment are entitled to submit a request under section 313 of CEPA 1999 that some or all of the information reported in the Schedule(s) be treated as confidential.

Please note that Company Technical Contact and General Contact Information as well as the Certification information will not be publicly posted.

To request that information be treated as confidential, click on the padlock icon displayed beside the appropriate part(s) of the Schedule.  Once clicked, the padlock icon will appear closed.  At the end of the Schedule, at the beginning of the Certification page, you will be required to provide a justification for each part that you are requesting confidentiality.

To request that information be treated as confidential, click on the padlock icon displayed beside the appropriate part(s) of the Schedule.  Once clicked, the padlock icon will appear closed.  At the end of the Schedule, at the beginning of the Certification page, you will be required to provide a justification for each part that you are requesting confidentiality.

All such requests will be reviewed under the provisions of sections 315 to 321 of CEPA 1999 and section 20 of the Access to Information Act. Persons submitting such requests will receive a response letter from EC either asking for additional information to evaluate the Request, confirming the acceptance or denial of the request.  No information that is requested to be kept confidential will be made available to the public until a decision has been made by EC and a response letter is sent to the reporter.

For more information on the type of information that might be considered confidential business information, please refer to section 20 of the Access to Information Act.

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