Canadian Environmental Protection Act, 1999

Marginal note:Requirements for environmental emergency plans

• 199 (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 an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency in respect of

  • (a) a substance or group of substances specified in Part 1 or 2 of the list of toxic substances in Schedule 1; or

  • (b) a substance or group of substances in relation to which there has been published in the Canada Gazette

    • (i) a statement of the Ministers under paragraph 77(6)(b) indicating that the measure that they propose to take, as confirmed or amended, is a recommendation that the substance be added to Part 1 or 2 of the list of toxic substances in Schedule 1, or

    • (ii) a copy of an order proposed to be made under subsection 90(1).

• Marginal note:Contents of notice

  (2) The notice shall specify

  • (a) the substance or group of substances in relation to which the plan is to be prepared;

  • (b) the period within which the plan is to be prepared;

  • (c) the period within which the plan is to be implemented; and

  • (d) any other matter that the Minister considers necessary.

• 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:Plan prepared or implemented for another purpose

  (4) Subject to subsection (5), where a person who is required to prepare or implement an environmental emergency plan under a notice published under this section has prepared or implemented a plan in respect of environmental emergencies on a voluntary basis or for another government or under another Act of Parliament that meets all or some of the requirements of the notice, the person may use that plan for the purposes of meeting the requirements of this Part and, in that case, the plan shall be considered to be an environmental emergency plan that has been prepared or implemented under this Part.

• Marginal note:Where partial requirements met

  (5) Where a person uses a plan under subsection (4) that does not meet all of the requirements of the notice, the person shall

  • (a) amend the plan so that it meets all of those requirements; or

  • (b) prepare an additional environmental emergency plan that meets the remainder of those requirements.

• Marginal note:Application of provisions re declarations and keeping plans

  (6) Sections 58 and 59 apply to environmental emergency plans, with any modifications that the circumstances require, as if any reference to a pollution prevention plan were read as a reference to an environmental emergency plan.

• Marginal note:Submission of plans

  (7) The Minister may 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 who are required to prepare or implement an environmental emergency plan under subsection (1) or section 291 or under an agreement in respect of environmental protection alternative measures to submit, within the period specified by the Minister, the plan or any part of the plan.