Appendix 3: Model Subsection 199(1) Canada Gazette Notice

1 | 2 | 3 | 4 | 5 | 6 | 7 | 8 | 9 | 10 | 11 | 12 | 13 | 14 | 15 |

Notice is hereby given that, pursuant to the provisions of subsection 199(1) of the Canadian Environmental Protection Act, 1999, the persons or classes of persons described in paragraph 1 of this notice shall prepare and implement an environmental emergency plan respecting prevention, preparedness, response and recovery for an environmental emergency in respect of [name of substance or substances], which [is/are on the List of Toxic Substances in Schedule 1] [the Ministers of the Environment and Health has/have recommended or ordered that the Governor in Council add to Schedule 1] of the Canadian Environmental Protection Act, 1999 for the purpose of [state environmental objective].

1. Persons required to prepare environmental emergency plans: [typically will specify persons required to prepare plans by referring to factors such as industry sector, use, quantity and storage volumes, rather than by naming individual companies]. For persons or companies that have several facilities or areas where [name of substance or substances] [is/are] located, an environmental emergency plan specific to each location is required. In the event that a company-wide or area-wide environmental emergency plan covers several of these facilities in relation to [name of substance or substances], this plan can be used as a "site-specific" plan for the purposes of this notice.

2. Period within which the plan is to be prepared: The plan shall be prepared within [time period to be specified; it will usually be six months] of the date of this notice.

3. Period within which implementation of the plan is to be completed: Implementation of the plan shall be completed within [time period to be specified; it will usually be twelve months] of the date of this notice.

4. Content of plans: Although persons preparing plans may determine the appropriate content of their own environmental emergency plans, every person subject to this notice shall take into consideration the elements outlined in these Implementation Guidelines. These include, but are not limited to, the following:

• the properties and characteristics of the substance;
• the maximum expected quantity of the substance at the place at any time during a calendar year;
• the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared;
• the characteristics of the place and the surrounding area that may increase the risk of harm to the environment or to human life or health;
• the potential consequences from an environmental emergency on the environment and on human life or health (consequences are identified through the use of worst-case and alternative scenarios);
• a description of the roles and responsibilities of individuals during an environmental emergency;
• accurate contact lists for emergency resource personnel and equipment;
• identification of training required for emergency response individuals; and
• a means for ensuring that the plan is current, comprehensive and effective (e.g., routine testing and updating of the plan).

These plans must address the prevention of, preparedness for, response to or recovery from an uncontrolled, unplanned or accidental release of [name of substance or substances].

5. Declaration of identification of substance and place: Every person identified in paragraph 1 of this notice shall file, within 90 days after the later of i) the day on which this notice is published in Canada Gazette Part 1 or ii) the day on which the quantity exceeds the prescribed threshold quantity for that substance, a "Declaration of Identification of Substance and Place." This declaration shall provide information on:

1. facility data;
2. maximum substance quantity.

Forms for this declaration are available from Environmental Emergency Plan. Each location requiring an environmental emergency plan must be covered under such a declaration.

6. Declaration of preparation: Pursuant to subsection 199(6) of CEPA 1999, every person identified in paragraph 1 of this notice shall file, within 6 months after the later of i) the day on which this notice is published in Canada Gazette Part 1 or ii) the day on which the quantity exceeds the prescribed threshold quantity for that substance, a "Declaration that an Environmental Emergency Plan Has Been Prepared and Is Being Implemented." This declaration shall provide information on:

1. facility data;
2. an indication of whether or not the plan is based on an existing plan;
3. an indication of local-level involvement;
4. an indication of plan availability for the appropriate local authorities;
5. the commercial, manufacturing, processing or other activity in relation to which the plan is to be prepared.

Forms for this declaration are available from Environmental Emergency Plan. Each location requiring an environmental emergency plan must be covered under such a declaration.

7. Declaration of implementation:Pursuant to subsection 199(6), every person identified in paragraph 1 of this notice shall file, within 1 year after the later of i) the day on which this notice is published in Canada Gazette Part 1 or ii) the day on which the quantity exceeds the prescribed threshold quantity for that substance, a "Declaration that the Implementation of an Environmental Emergency Plan Has Been Completed." This declaration shall confirm that the implementation of the environmental emergency plan described in the declaration of preparation has been completed. Forms for this declaration are available from Environmental Emergency Plan. Each location requiring an environmental emergency plan must be covered under such a declaration.

8. Filing of amended declaration:Pursuant to subsection 199(6), where the declaration contains information that, at any time after the filing, has become false or misleading, the person identified in paragraph 1 of this notice shall file an amended declaration to the Minister within 30 days after that time.

9. Requirement to keep plan: Every person identified in paragraph 1 of this notice shall keep a copy of the environmental emergency plan at the place in Canada for which the plan was prepared.

10. Pre-existing plans: If you have prepared or implemented a plan in respect of environmental emergencies on a voluntary basis, for another government or under another Act of Parliament, you may use that plan for the purposes of this notice if it meets the requirements specified in paragraph 4. If the plan does not meet all the requirements specified in paragraph 4, subsection 199(5) of CEPA 1999 provides that either the plan must be amended or an additional plan that meets the remainder of the requirements must be prepared. In any event, all persons using a pre-existing environmental emergency plan to satisfy the requirements in paragraph 4 shall file declarations of identification of substance and place, preparation and implementation.

11. Extension of preparation date: Where the Minister has received a written request for an extension of time to prepare an environmental emergency plan, the Minister may extend the period for preparing the plan. For an extension to be granted, the request must be submitted prior to the expiry of the period referred to in paragraph 2 of this notice and the Minister must be of the opinion that further time is necessary to prepare the plan. Information on how to submit such a request can be acquired from the following e-mail address: CEPAE2@ec.gc.ca

12. Extension of implementation date:Where the Minister has received a written request for an extension of time to implement an environmental emergency plan, the Minister may extend the period for implementing the plan. For an extension to be granted, the request must be submitted prior to the expiry of the period referred to in paragraph 3 of this notice, and the Minister must be of the opinion that further time is necessary to implement the plan. Information on how to submit such a request can be acquired from the following e-mail address: CEPAE2@ec.gc.ca

13. Other matters: [include any other necessary information or requirements].

14. More information on environmental emergency planning: Additional information and guidance on preparing environmental emergency plans may be obtained from [possible sources of information].

15. Reference number: For administrative purposes, all communication with Environment Canada concerning this notice should refer to the following reference number: