Canadian Environmental Protection Act, 1999

Marginal note:Requirement for pollution prevention plans

• 56 (1) The Minister may, at any time, publish in the Canada Gazette and in any other manner that the Minister considers appropriate a notice requiring any person or class of persons described in the notice to prepare and implement a pollution prevention plan in respect of

  • (a) a substance or group of substances specified on the list of toxic substances in Schedule 1;

  • (b) a substance or group of substances with respect to which subsection 166(1) or 176(1) applies; or

  • (c) a product that contains a substance specified on the list of toxic substances in Schedule 1 or that may release such a substance into the environment.

• Marginal note:Alternatives

  (1.1) The notice may include a requirement that the plan prioritize the identification, development or use of safer or more sustainable alternatives to the substance, group of substances or product.

• Marginal note:Contents of notice

  (2) The notice may specify

  • (a) the substance, group of substances or product 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.

• Marginal note:Extension of time

  (3) Where the Minister is of the opinion that further time is necessary to prepare or implement the plan, the Minister may extend the period for a person who submits a written request before the expiry of the period referred to in the notice or of any extended period.

• Marginal note:Publication of notice of extension

  (4) The Minister shall publish in the Environmental Registry and in any other manner that the Minister considers appropriate a notice stating the name of any person for whom an extension is granted, whether the extension is for the preparation or the implementation of the plan, and the duration of the period of the extension.

• Marginal note:Application for waiver

  (5) On a written request submitted by any person to whom a notice under subsection (1) is directed, the Minister may waive the requirement for that person to consider a factor specified under paragraph (2)(c) where the Minister is of the opinion that it is not reasonable or practicable to consider the factor on the basis of reasons provided in the request.

• Marginal note:Progress reports

  (6) A notice under subsection (1) may include a requirement that the person to whom the notice is directed file with the Minister, within the periods specified in the notice, written reports on their progress in implementing the plan.