Pollution prevention planning notices and your legal obligations

Under the authority of the Canadian Environmental Protection Act, 1999, pollution prevention (P2) planning notices require facilities to prepare and implement pollution prevention plans.

Your legal obligations

When you are subject to a notice, you must:

• create a P2 plan taking into account all factors to consider described in the notice
• keep a copy of the P2 plan at your facility
• implement the activities outlined in your P2 plan by the deadline in the notice
• fill out and submit several reports (schedules) by the specified deadlines

Factors to consider:

• are the issues or activities that must be addressed in preparing the P2 plan
• may include the risk management objective, current P2 practices, and available technologies

If you already meet the risk management objective identified in the notice at the time of its publication, you may not have to prepare and implement a P2 plan. Consult the notice in question to determine if such a provision exists. If it does not exist, a P2 plan must be prepared and implemented.

If you are a person or company described in a notice but in your opinion are not subject to that notice, you can submit a notification of non-engagement form to the Government of Canada indicating your reasons. This form is available upon request.

Don’t forget that compliance with the Canadian Environmental Protection Act, 1999 is mandatory and obligations under a notice are on-going unless otherwise specified.

Record keeping

You should keep records of information pertaining to notices and P2 plans on-site for as long as the notice is in effect.

In addition, you must keep for a minimum of five years following the implementation of the P2 plan or as specified in the notice:

• a copy of the declarations and interim progress reports that have been submitted
• documentation that can support the statements, analysis, and determination of data used in these declarations and reports

Mandatory reporting

Each P2 planning notice specifies the information that is to be collected within the schedules. You should provide statements that clearly reflect the requested information. The responses must accurately summarize your actions with respect to meeting the requirements of the notice and the actions identified in your P2 plan.

Submit reports for each facility unless specified. If you own several facilities, you may have to prepare a P2 plan and submit separate reports for each facility. However, the notice may specify that a single P2 plan be prepared and implemented for multiple facilities. Consult the notice in question to determine if such a provision exists.

Do not submit your P2 plan to the Government of Canada unless requested.

Strive to achieve the risk management objective (RMO). You will not be out of compliance if you do not meet the RMO but you must indicate why it has not been met in a mandatory report made available to the public. If you feel that more time would allow you to meet the RMO, you can request a time extension. See schedule 3 below.

Reports to submit

Each P2 planning notice specifies what information is to be collected within the schedules and the following reports (schedules) should be submitted via the online reporting tool:

Schedule 1: Declaration of preparation

• This report states that you have prepared a P2 plan and it is being implemented
• A P2 plan must be prepared and its implementation must be started by the date specified in the notice
• The schedule 1 must be submitted within 30 days after the deadline to prepare a P2 plan as specified in the notice

Schedule 2: Request for waiver of the requirement to consider a factor or factors

• This report states that you cannot consider a factor to consider because it is unreasonable or impractical
• You will have to identify the factor(s) that require the waiver and provide a rationale
• Your request must be made before the deadline to prepare your P2 plan as specified in the notice

Schedule 3: Request for time extension

• This report requests a time extension when you need more time to prepare or implement a P2 plan
• The request must be received before the deadline to prepare or implement your P2 plan as specified in the notice
• If you were granted a time extension but feel that you need more time, you can request to extend the period of time that was previously extended
  • The request must be submitted before the expiry of the extended period to prepare or implement a P2 plan

Schedule 4: Interim progress reports (if required)

• These reports provide information on the progress made with respect to implementing the actions identified in the P2 plan
• If interim progress reports are required, consult the notice in question to determine the deadlines

Schedule 5: Declaration of implementation

• This report is required when a P2 plan has been implemented
• A P2 plan will be considered fully implemented when all activities or elements listed in the P2 plan are in effect
• All activities of the plan must be implemented by the date specified in the notice
• The schedule 5 must be submitted within 30 days after the deadline to implement a P2 plan as specified in the notice

Note: Submitted schedules 1, 4 and 5 are publicly posted and searchable.

There are no further reporting requirements once you have implemented all the actions in your P2 plan and submitted the final report to the Government of Canada.

Corrections

If you become aware that the information you submitted is false or misleading, you must file an amended report within 30-days of noticing the mistake. Consult the notice for the appropriate contact information.

We could also request an amendment if the report was incomplete, or if an answer needs more clarifications or corrections.

Requesting confidentiality

You may submit a request for the information you are submitting to be treated as confidential at the same time you complete the online reporting form. You must provide justification for each part that requires confidentiality. Each request for confidentiality is evaluated on a case-by-case basis and you will be notified of the decision in writing.

Related information

• Create and implement your pollution prevention plan
• P2 planning notices: guidelines for implementation
• How to use the P2 planning notice reporting tool

Contact us

Regulatory Innovation and Management Systems
Environment and Climate Change Canada
351 St-Joseph Boulevard
Gatineau QC  K1A 0H3

Telephone: 1-844-580-3637
Email: ec.planp2-p2plan.ec@canada.ca