Canada Gazette, Part I, Volume 150, Number 21: SUPPLEMENT
May 21, 2016
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Notice requiring the preparation and implementation of pollution prevention plans in respect of halocarbons used as a refrigerant
Pursuant to the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”), the Minister of Environment published in the Canada Gazette, Part I, on April 18, 2015, a Proposed notice requiring the preparation and implementation of pollution prevention plans in respect of halocarbons used as a refrigerant.
Whereas persons were given the opportunity to file comments with respect to the proposed Notice for a comment period of 60 days; and
Whereas the Minister of Environment has considered all comments received,
Notice is hereby given that, under subsection 56(1) of the Act, the Minister of Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of halocarbons used as a refrigerant.
The Minister of Environment will measure the performance of the Notice, throughout the preparation and implementation periods, in order to determine its effectiveness in meeting the risk management objective set out in section 4 of the Notice. This evaluation will determine whether additional measures, including regulations, may be required.
More information on pollution prevention planning can be found in the Pollution Prevention Planning Provisions of Part 4 of the Canadian Environmental Protection Act, 1999: Guidelines for Implementation. These guidelines and other information relating to pollution prevention and pollution prevention planning can be found in the “Pollution Prevention Planning” section of Environment Canada's Web site, at www.ec.gc.ca/planp2-p2plan.
CATHERINE McKENNA
Minister of Environment
NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS IN RESPECT OF HALOCARBONS USED AS A REFRIGERANT
Notice is hereby given that, pursuant to the provisions of subsection 56(1) of Part 4 of the Act, the Minister of Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of chlorofluorocarbons, hydrochlorofluorocarbons, and hydrofluorocarbons, which are specified on the List of Toxic Substances in Schedule 1 of the Act.
1 Definitions
The definitions in this section apply to this Notice.
“Act” means the Canadian Environmental Protection Act, 1999 (CEPA 1999).
“Calendar Year” means a complete year beginning January 1 and ending December 31 of each year.
“Domestic appliance” means a plug-in refrigeration or air conditioning system intended for domestic use and where the cooling circuit is fully charged with refrigerant at the factory.
“End of the useful life” means, in respect of a halocarbon refrigerant, recovered and taken out of service with the intent not to return it to its existing use.
“Halocarbon” means a chlorofluorocarbon (CFC), hydrochlorofluorocarbon (HCFC), or hydrofluorocarbon (HFC).
“Halocarbon refrigerant” means a refrigerant that contains one or more halocarbons, either alone or in a mixture, and contains no more than 4% hydrocarbons.
“Minister” means the Minister of Environment.
“Notice” means the Notice requiring the preparation and implementation of pollution prevention plans in respect of halocarbons used as a refrigerant.
“Plan” means a pollution prevention plan.
“Pollution prevention”, as defined in section 3 of the Act, means “the use of processes, practices, materials, products, substances or energy that avoid or minimize the creation of pollutants and waste and reduce the overall risk to the environment or human health.”
“Reclaimed” means, in respect of a halocarbon refrigerant, recovered, and then reprocessed and upgraded, through a process such as filtering, drying, distillation and chemical treatment, to restore the halocarbon refrigerant to industry-accepted reuse standards.
“Recovered” means, in respect of a halocarbon refrigerant, after it has been used, collected from an air conditioning or refrigeration system.
“Refrigerant” means a fluid that is used or intended to be used in any air conditioning or refrigeration system to absorb heat at a low temperature and pressure, with a change of state, and that rejects heat at a higher temperature and pressure.
“Stewardship program” means either an individual or collective program for halocarbon refrigerants that includes the characteristics outlined in subsection 4(4) of the Notice. The stewardship program reclaims and destroys halocarbon refrigerants depending on their condition and according to the criteria established in accordance with paragraph 4(4)(b) of the Notice.
2 Person or class of persons required to prepare and implement a plan
(1) This Notice applies to any person or class of persons who, in 2015 or any time thereafter,
- (a) manufactures or reclaims a halocarbon that is to be used, whether alone or in a mixture, as a refrigerant; or
- (b) imports 100 kg or more of halocarbons per calendar year, whether alone or in a mixture, that are to be used as a refrigerant.
(2) This Notice applies to any person or class of persons who is the successor or assign of the persons identified in subsection 2(1).
(3) Despite subsection 2(1), this Notice does not apply to any person or class of persons who
- (a) manufactures, reclaims or imports halocarbons, whether alone or in a mixture, to be used entirely as a refrigerant in mobile air conditioning systems;
- (b) manufactures, reclaims or imports halocarbons, whether alone or in a mixture, to be used entirely as a refrigerant in domestic appliances;
- (c) manufactures, reclaims or imports halocarbons, whether alone or in a mixture, to be entirely exported out of Canada;
- (d) imports on any one occasion no more than 500 kg of a halocarbon refrigerant to be used entirely to charge air conditioning or refrigeration systems at facilities owned or operated by the importer, and the importer has entered into an agreement with a stewardship program for the reclamation and destruction at the end of the useful life of the refrigerant; or
- (e) imports halocarbons that are entirely found in
- (i) pre-charged, mobile or stationary, refrigeration and air conditioning systems,
- (ii) aerosols,
- (iii) foams,
- (iv) solvents, or
- (v) fire suppression/extinguishing systems.
3 Activities in relation to which the plan is to be prepared
The Minister requires all persons or class of persons identified in section 2 to prepare and implement a plan in relation to the management of halocarbon refrigerants recovered from air conditioning or refrigeration systems.
4 Factors to consider in preparing the plan
The Minister requires all persons or class of persons identified in section 2 of the Notice to consider the following factors when preparing their plan:
(1) Chlorofluorocarbons, hydrochlorofluorocarbons, and hydrofluorocarbons are substances specified on Schedule 1 of the Act.
(2) The risk management objective is to manage halocarbon refrigerants in an environmentally sound manner in order to minimize the release of halocarbons into the environment.
(3) In preparing a plan, a person or class of persons subject to the Notice is to give priority to pollution prevention activities.
(4) Join or develop a stewardship program that includes the following characteristics:
- (a) manage the recovered halocarbon refrigerants so as to prevent the immediate or long-term harmful effects or dangers to the environment or to human health that would result from their release into the environment;
- (b) 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;
- (c) accept halocarbon refrigerants that are recovered in Canada from refrigeration systems and stationary air conditioning systems, other than domestic appliances;
- (d) accept halocarbon refrigerants referred to in paragraph 4(4)(c) regardless of the content of oil, water, acids (pH), and dyes;
- (e) 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;
- (f) 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;
- (g) take into account and promote the Environmental Code of Practice for the 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;
- (h) 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;
- (i) develop annual targets (for calendar years) 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;
- (j) 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 Auditor or Environmental Management Systems Lead Auditor certified by the Environmental Careers Organization (ECO) Canada;
- (k) publicly report operations and performance of the stewardship program on a yearly basis. The report is to be made accessible by May 31 of every year at the latest. The report is to include the following information:
- (i) the calendar year covered by the report,
- (ii) the persons or class of persons identified in section 2 that participate in the stewardship program,
- (iii) annual targets referred to in paragraph 4(4)(i),
- (iv) the quantity of halocarbons in refrigerants that were recovered in Canada during the calendar year covered by the report and accepted in the stewardship program in order to be reclaimed or destroyed,
- (v) the quantity of halocarbons in refrigerants recovered in Canada that were reclaimed and destroyed through the stewardship program during the calendar year covered by the report,
- (vi) the communication and education activities carried out during the year covered by the report to increase awareness of the stewardship program among heating, ventilation, air conditioning and refrigeration contractors,
- (vii) any modification to the operations of the stewardship program during the calendar year covered by the report, and
- (viii) the results of the latest environmental compliance audit referred to in paragraph 4(4)(j). The results of an environmental audit may be reported only once; and
- (l) 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.
(5) Establish and maintain funding that supports the stewardship program.
5 Period within which the plan is to be prepared
(1) For a person or class of persons subject to the Notice on the date of its publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than November 20, 2016.
(2) For a person or class of persons who becomes subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be prepared and implementation initiated no later than six months from the person or class of persons becoming subject to the Notice.
6 Period within which the plan is to be implemented
(1) For a person or class of persons subject to the Notice on the date of its publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than November 20, 2016.
(2) For a person or class of persons becoming subject to the Notice after the date of publication in the Canada Gazette, Part I, the Minister requires that the plan be implemented no later than 30 months from the person or class of persons becoming subject to the Notice.
7 Content of the plan
A person or class of persons identified in section 2 of the Notice is to determine the appropriate content of the plan; however, the plan must meet all the requirements of the Notice. The plan must also contain the information required for the filing of the Declaration of Preparation referred to in section 9 of the Notice and must be able to generate the information required for the filing of the Declaration of Implementation referred to in section 10.
8 Requirement to keep the plan and record keeping
Under section 59 of the Act, any person or class of persons identified in section 2 of the Notice must keep a copy of the plan at the place in Canada in relation to which the plan is prepared.
Any person or class of persons identified in section 2 of the Notice must keep the plan and any records pertaining to the plan for a minimum of five years following the date set out in section 6 of the Notice.
9 Declaration of Preparation
Under subsection 58(1) of the Act, any person or class of persons identified in section 2 of the Notice must file, within 30 days after the end of the period within which the plan is to be prepared as specified in section 5 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented —|mdash|} Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 58(1) of CEPA 1999].” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 1 of the Notice.
10 Declaration of Implementation
Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must file within 30 days after the end of the period within which the plan is to be implemented as specified in section 6 or extended under section 13, a written “Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 58(2) of CEPA 1999].” This Declaration must be submitted to the Minister using the form that contains the information set out in Schedule 5 of the Notice.
11 Filing of amended declarations
Under subsection 58(3) of the Act, where a person or class of persons specified in section 2 of the Notice has filed a Declaration of Preparation or a Declaration of Implementation, referred to in sections 9 and 10 of the Notice, and the Declaration contains information that, at any time after the filing, has become false or misleading, that person or class of persons must file an amended Declaration with the Minister within 30 days after the time that the information became false or misleading, using the appropriate form referred to in section 9 or 10 of the Notice.
12 Use of a plan prepared or implemented for another purpose
Under subsection 57(1) of the Act, a person or class of persons may use a pollution prevention plan prepared or implemented for another purpose to satisfy the requirements of sections 2 to 11 of the Notice. Under subsection 57(2) of the Act, where a person or class of persons uses a plan that does not meet all the requirements of the Notice, the person or class of persons must either amend the plan so that it meets all of those requirements or prepare an additional plan that meets the remainder of those requirements. A person or class of persons using existing plans must still file the Declaration of Preparation referred to in section 9 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and, if applicable, any amended declarations under section 11 of the Notice.
13 Extension of time
Under subsection 56(3) of the Act, where the Minister is of the opinion that further time beyond the period referred to in section 5 is needed to prepare the plan, or that further time beyond the period referred to in section 6 is needed to implement the plan, the Minister may extend the period for a person or class of persons who submits a written “Request for Time Extension — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 56(3) of CEPA 1999].” The written request must be submitted using the form that contains the information set out in Schedule 3 of the Notice, and must be made before the expiry of the date referred to in section 5 or section 6 of the Notice or before the expiry of any extended period.
14 Application for waiver of factors to consider
Under subsection 56(5) of the Act, the Minister may waive the requirement for a person or class of persons to consider a factor in preparing the plan specified in section 4 where the Minister is of the opinion that it is neither reasonable nor practicable to consider a factor on the basis of reasons provided by that person or class of persons when submitting a written “Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 56(5) of CEPA 1999].” This written request must be submitted using the form that contains the information set out in Schedule 2 of the Notice. Such a request must be made before the expiry of the period within which the Plan is to be prepared as referred to in section 5 of the Notice or before the expiry of any extended period.
15 Performance measurement and evaluation of the Notice
Performance measurement of the Notice will be conducted periodically in order to evaluate the effectiveness of the Notice in meeting its intended objectives. Performance reports summarizing the overall results will be posted online at http://www.ec.gc.ca/planp2-p2plan/default.asp?lang=En&n=5D657E53-1.
The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in section 4 of the Notice.
The Minister will determine whether other measures, including regulations, are needed to further prevent or reduce negative impacts of halocarbons on the environment and human health.
16 Resources
Guidance on preparing pollution prevention plans may be obtained from
- the Pollution Prevention Planning section of Environment Canada's Web site (http://www.ec.gc.ca/planp2-p2plan).
Additional information and guidance on pollution prevention can be found on
- the Pollution Prevention section of Environment Canada's Web site (http://www.ec.gc.ca/planp2-p2plan); and
- the Canadian Pollution Prevention Information Clearinghouse (http://www.ec.gc.ca/cppic-ccipp).
17 Notice Reference Code: P2HALOCARBONS
For administrative purposes, all communication with Environment Canada concerning the Notice should refer to the reference code P2HALOCARBONS.
18 Public disclosure of information and forms
The Minister of Environment intends to publish some parts of the information submitted in response to this Notice in schedules 1 and 5 in the Pollution Prevention Planning section of Environment Canada's Web site.
Under section 313 of the Act, all persons or classes of persons submitting information to the Minister are entitled to submit a written request that specific information be treated as confidential. Persons submitting such a request should also include the reasons for that request.
The Notice includes the following forms:
- Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 58(1) of CEPA 1999]
- Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 56(5) of CEPA 1999]
- Schedule 3: Request for Time Extension — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 56(3) of CEPA 1999]
- Schedule 4: Interim Progress Reports are not required for this Notice.
- Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 58(2) of CEPA 1999]
Forms referred to in the Notice (schedules 1, 2, 3 and 5) are published as part of the Notice and may be filled out electronically using the Pollution Prevention Planning Online Reporting Tool found on Environment Canada's Web site at http://www.ec.gc.ca/planp2-p2plan/default.asp?lang=En&n=5D657E53-1).
19 Environment Canada contact information
For technical questions or comments about this proposed Notice, please contact or send queries to
Lucie Desforges
Director Chemical Production Division
Environment Canada
351 Saint-Joseph Boulevard, 11th Floor
Gatineau, Quebec
K1A 0H3
Telephone: 819-938-4208
Fax: 819-938-4218
Email: ec.gestionhalocarbures-halocarbonsmanagement.ec@canada.ca
For more information about pollution prevention planning or reporting online, please contact
Regulatory Innovation and Management Systems
c/o Innovative Measures Section
Environment Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec
K1A 0H3
Telephone: 1-844-580-3637
Fax: 1-844-580-3638
Email: ec.planp2-p2plan.ec@canada.ca
EXPLANATORY NOTE
(This note is not part of the Notice.)
Compliance with the Canadian Environmental Protection Act, 1999 (hereinafter referred to as the “Act”) is mandatory pursuant to subsections 272(1) and 272.1(1) of the Act. Subsections 272(2), (3) and (4) and 272.1(2), (3) and (4) of the Act set the penalties for persons who commit an offence under the Act. Offences include the offence of failing to comply with an obligation arising from the Act and the offence of providing false or misleading information. Penalties for offences can result, upon conviction (either summary conviction or indictment), in fines of not more than $12 million, imprisonment for a term of not more than three years, or both.
The current text of the Act, including the most recent amendments, is available on the Department of Justice Canada Web site at http://laws-lois.justice.gc.ca/eng/acts/C-15.31.
The Act is enforced in accordance with the Compliance and Enforcement Policy for the Canadian Environmental Protection Act, 1999, available at http://www.ec.gc.ca/lcpe-cepa/default.asp?lang=En&n=5082BFBE-1.
Suspected violations under the Act can be reported to the Enforcement Branch by email at environmental.enforcement@ec.gc.ca.
NOTE: Please contact Environment Canada for more information about electronic reporting, as provided in sections 18 and 19 of the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only.
Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 58(1) of CEPA 1999]
Notice Reference Code: P2HALOCARBONS
Is this an amendment to a Declaration previously submitted? ☐ Yes ☐ No
If yes, please specify the amended parts and reasons below. In addition, please complete Parts 1.0 and 9.0 and any other parts of this Declaration for which previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.
If no, please proceed to Part 1.0 of this Declaration.
Amendment Part(s)
Please specify the part(s) of the Declaration that you would like to amend.
Amendment Reason(s)
Please specify the reason(s) for each of the amendments that you would like to make.
1.0 Information on the Person or Class of Persons Subject to the Notice
Name of Company Subject to the Notice: _____________________________________
Street Address: ___________________________________________________________
City: _________________________________________________________________
Province/Territory: __________________________________________________________
Postal Code: ________________________________________
Telephone Number: ______________________________________________
(with area code)
Email: __________________________________________________
Mailing Address: __________________________________________
(if different from Street Address)
City: _____________________________________________
Province/Territory: ___________________________________________
Postal Code: __________________________________________________
Technical Contact: ____________________________________________
Email: _________________________________________
Telephone Number: __________________________________________
(with area code)
Fax Number (if available): ____________________________________
(with area code)
Please enter the name of a General Contact. This contact information will be used by Environment Canada to correspond with you on items related to your submission, including your registration and password required for login and reporting online.
First Name: ________________________________
Last Name: ________________________________________________
Email: __________________________________________
Position/Job Title: ___________________________________
Telephone Number: ____________________________________
(with area code)
Fax Number (if available): ________________________________
(with area code)
2.0 Use of Plans Prepared or Implemented for Another Purpose
Is the Pollution Prevention Plan used to fulfill the obligations of the Notice:
- a Pollution Prevention Plan that was previously prepared on a voluntary basis? ☐ Yes ☐ No
- a Pollution Prevention Plan that was previously prepared for another government or under another Act of Parliament? ☐ Yes ☐ No
If yes, identify the other government requirement(s) or Act of Parliament.
3.0 Baseline Information Prior to Implementation of the Pollution Prevention Plan
3.1 Nature of Activity
In 2015 or any time thereafter, did the person or class of persons subject to this Notice (select all that apply):
☐ Manufacture halocarbons to be used, whether alone or in a mixture, as a refrigerant
☐ Import 100 kg or more of halocarbons, whether alone or in a mixture, to be used as a refrigerant
☐ Reclaim halocarbons to be used, whether alone or in a mixture, as a refrigerant
Indicate how the halocarbon manufactured, imported or reclaimed was used or intended to be used. Please select all that apply.
☐ For original equipment manufacture
☐ For service/maintenance
☐ For sale/distribution in Canada as a refrigerant. Please indicate in which provinces and/or territories (select all that applies):
- ☐ Newfoundland and Labrador
- ☐ Prince Edward Island
- ☐ Nova Scotia
- ☐ New Brunswick
- ☐ Quebec
- ☐ Ontario
- ☐ Manitoba
- ☐ Saskatchewan
- ☐ Alberta
- ☐ British Columbia
- ☐ Yukon
- ☐ Northwest Territories
- ☐ Nunavut
☐ For export
☐ Other (please specify): _________________________________________________
3.2 Participation in a Program that Manages Halocarbon Refrigerants Prior to Becoming Subject to this Notice
- (a) Prior to becoming subject to this Notice, did you participate in a program in Canada that manages recovered halocarbon refrigerants, whether or not the program addresses all the factors to consider in this Notice?
☐ Yes ☐ No - (b) If yes to (a), please indicate the activities of the program prior to the publication of this Notice (select all that apply):
- ☐ Recycling
- ☐ Reclamation
- ☐ Destruction
☐ Other (please explain): ___________________________________________________
- and provide the following additional details regarding the program prior to the publication of this Notice:
(a) Name of the program |
|
---|---|
(b) Brief description of the program (indicate if it is an individual or collective program and refrigerants that were accepted) |
|
(c) Date on which the program started accepting recovered halocarbon refrigerants (Month/Year) |
|
(d) Date on which your participation in the program began (Month/Year) |
|
(e) Describe your participation in the program to date |
|
(f) Describe the total quantity (kg) of halocarbon refrigerant recycled, reclaimed and destroyed by the program since it began |
|
(g) Provide a reference for publicly available reporting documents, if any (example: link to a Web site) |
(c) After becoming subject to this Notice, will you (select one box only)
- ☐ Continue in the program that you participated in prior to becoming subject to this Notice
- ☐ Join a stewardship program that you did not participate in prior to becoming subject to this Notice. Please provide the name of the Program: __________________________________________________________
- ☐ Develop a new stewardship program. Please provide the name of the Program: __________________________________________________________
- ☐ None of the above (please explain): _________________________________________________________
4.0 Anticipated Actions and Results
In the table below, provide, for the first five calendar years of operation of the stewardship program that follow publication of this Notice, the annual target quantities, in kilograms, of halocarbon refrigerants expected to be recovered in Canada and accepted in the stewardship program in order to be reclaimed or destroyed.
Year | Anticipated Quantity of Halocarbon Refrigerant to be Accepted in the Program (kg) |
---|---|
1st calendar year of operation | |
2nd calendar year of operation | |
3rd calendar year of operation | |
4th calendar year of operation | |
5th calendar year of operation |
5.0 Risk Management Objective
Describe how the elements of the Pollution Prevention Plan will address the risk management objective identified in subsection 4(2) of the Notice. If you anticipate that this Plan will not meet the risk management objective, explain why.
6.0 Factors to Consider
Describe what was done by the person or class of persons subject to the Notice in the Preparation Year to take into account the “Factors to consider in preparing the plan” in section 4 of the Notice, except those factors for which a waiver has been granted by the Minister of Environment.
Paragraph 4(4)(b) — 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.
Paragraph 4(4)(c) — Accept halocarbon refrigerants that are recovered from refrigeration systems or stationary air conditioning systems, in Canada, other than domestic appliances.
Paragraph 4(4)(d) — Accept halocarbon refrigerants referred to in paragraph 4(4)(c) regardless of the content of oil, water, acids (pH), and dyes.
Paragraph 4(4)(e) — referred to in paragraphs 4(4)(c) and (d) within 12 months of the person or class of persons becoming subject to this Notice.
Paragraph 4(4)(f) — Provide access to collection facilities and collection services for recovered halocarbon refrigerants referred to in paragraphs 4(4)(c) and (d) in at least all the provinces and territories 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.
Paragraph 4(4)(g) — 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.
Paragraph 4(4)(h) — 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.
Paragraph 4(4)(i) — Develop annual targets (for calendar years) 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.
Paragraph 4(4)(j) — 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 Auditor or Environmental Management Systems Lead Auditor certified by the Environmental Careers Organization (ECO) Canada.
Paragraph 4(4)(k) — Publicly report operations and performance of the stewardship program on a calendar year basis. The report is to be made accessible by May 31 of every year at the latest.
Paragraph 4(4)(l) — 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.
Subsection 4(5) — Establish and maintain funding that supports the stewardship program.
7.0 Certification
I hereby certify that a Pollution Prevention Plan in respect of halocarbons used as a refrigerant has been prepared and is being implemented and that the information provided in this Declaration is true, accurate and complete.
_____________________________________________________________________
Signature of the Person Subject to the Notice
or Duly Authorized Representative
_____________________________________________________________________
Date
Name: __________________________________________________________________
Please Print
Title/Position: ____________________________________________________________
Please Print
NOTE: Please contact Environment Canada for more information about electronic reporting, as provided in sections 18 and 19 of the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only.
Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 56(5) of CEPA 1999]
Notice Reference Code: P2HALOCARBONS
Is this an amendment to a Request previously submitted? ☐ Yes ☐ No
If yes, please specify the amended parts and reasons below. In addition, please complete Parts 1.0 and 4.0 and any other parts of this Request for which previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.
If no, please proceed to Part 1.0 of this Request.
Amendment Part(s)
Please specify the part(s) of the Request that you would like to amend.
Amendment Reason(s)
Please specify the reason(s) for each of the amendments that you would like to make.
1.0 Information on the Person or Class of Persons Subject to the Notice
Name of Company Subject to the Notice: ______________________________________
Street Address: ____________________________________________________________
City: ______________________________________________________________________
Province/Territory: __________________________________________________________
Postal Code: __________________________________
Telephone Number: ________________________________________
(with area code)
Email: ____________________________________________
Mailing Address: ____________________________________________
(if different from Street Address)
City: ______________________________________
Province/Territory: ____________________________
Postal Code: ______________
Technical Contact: ___________________________________________
Email: ________________________________
Telephone Number: ______________________________________
(with area code)
Fax Number (if available): ______________________________________
(with area code)
Please enter the name of a General Contact. This contact information will be used by Environment Canada to correspond with you on items related to your submission, including your registration and password required for login and reporting online.
First Name: ______________________________________________________________
Last Name: _____________________________________________________________
Email: _________________________________________________________________
Position/Job Title: _______________________________________________________
Telephone Number: ______________________________________________________
(with area code)
Fax Number (if available): ________________________________________________
(with area code)
2.0 Factor(s) for Which a Waiver is Being Requested
Identify for which factor(s) listed in the Notice a waiver is being requested.
3.0 Rationale for Request
Explain why it would not be reasonable or practicable to consider each factor for which a waiver is being requested.
Explain how the outcome of the Pollution Prevention Plan will be affected if this or these “factor(s) to consider” is(are) not taken into account.
Identify which, if any, additional factor(s) you propose to consider in preparing the Pollution Prevention Plan (optional).
4.0 Certification
I hereby certify that the information provided in this Request in respect of halocarbons used as a refrigerant is true, accurate and complete.
_____________________________________________________________________
Signature of the Person Subject to the Notice
or Duly Authorized Representative
_____________________________________________________________________
Date
Name: __________________________________________________________________
Please Print
Title/Position: ____________________________________________________________
Please Print
NOTE: Please contact Environment Canada for more information about electronic reporting, as provided in sections 18 and 19 of the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only.
Schedule 3: Request for Time Extension — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 56(3) of CEPA 1999]
Notice Reference Code: P2HALOCARBONS
Is this an amendment to a Request previously submitted? ☐ Yes ☐ No
If yes, please specify the amended parts and reasons below. In addition, please complete Parts 1.0 and 4.0 and any other parts of this Request for which previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.
If no, please proceed to Part 1.0 of this Request.
Amendment Part(s)
Please specify the part(s) of the Request that you would like to amend.
Amendment Reason(s)
Please specify the reason(s) for each of the amendments that you would like to make.
1.0 Information on the Person or Class of Persons Subject to the Notice
Name of Company Subject to the Notice: _______________________________________
Street Address: _____________________________________________________________
City: ___________________________________
Province/Territory: ____________________________
Postal Code: ______________
Telephone Number: ________________________
(with area code)
Email: ____________________________________
Mailing Address: _______________________________________________
(if different from Street Address)
City: ___________________________________
Province/Territory: ____________________________
Postal Code: ______________
Technical Contact: ______________________________________
Email: ___________________________________________________
Telephone Number: ________________________
(with area code)
Fax Number (if available): ________________________________________
(with area code)
Please enter the name of a General Contact. This contact information will be used by Environment Canada to correspond with you on items related to your submission, including your registration and password required for login and reporting online.
First Name: ___________________________________________________________
Last Name: ___________________________________________________________
Email: _______________________________________________________________
Position/Job Title: _____________________________________________________
Telephone Number: _______________________________________
(with area code)
Fax Number (if available): _____________________________________
(with area code)
2.0 Request for Time Extension
Identify for which of the following a time extension is requested (choose one):
☐ to prepare a Pollution Prevention Plan
☐ to implement a Pollution Prevention Plan
For the person or class of persons identified in Part 1.0, it is requested that the date be extended to __________________________ (specify exact date — YYYY-MM-DD)
3.0 Rationale for Request
Explain why additional time is needed to prepare or implement a Pollution Prevention Plan.
4.0 Certification
I hereby certify that the information provided in this Request in respect of halocarbons used as a refrigerant is true, accurate and complete.
_____________________________________________________________________
Signature of the Person Subject to the Notice
or Duly Authorized Representative
_____________________________________________________________________
Date
Name: __________________________________________________________________
Please Print
Title/Position: ____________________________________________________________
Please Print
NOTE: Please contact Environment Canada for more information about electronic reporting, as provided in sections 18 and 19 of the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only.
Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice in Respect of Halocarbons Used as a Refrigerant [Subsection 58(2) of CEPA 1999]
Notice Reference Code: P2HALOCARBONS
Is this an amendment to a Declaration previously submitted? ☐ Yes ☐ No
If yes, please specify the amended parts and reasons below. In addition, please complete Parts 1.0 and 9.0 and any other parts of this Declaration for which previously reported information has become false or misleading. Previously reported information that is unchanged need not be resubmitted.
If no, please proceed to Part 1.0 of this Declaration.
Amendment Part(s)
Please specify the part(s) of the Declaration that you would like to amend.
Amendment Reason(s)
Please specify the reason(s) for each of the amendments that you would like to make.
1.0 Information on the Person or Class of Persons Subject to the Notice
Name of Company Subject to the Notice: ___________________________________
Street Address: ________________________________________
City: ___________________________________
Province/Territory: ____________________________
Postal Code: ______________
Telephone Number: ________________________
(with area code)
Email: __________________________________________
Mailing Address: _________________________________________
(if different from Street Address)
City: ___________________________________
Province/Territory: ____________________________
Postal Code: ______________
Technical Contact: _______________________________
Email: _____________________________________________
Telephone Number: ________________________
(with area code)
Fax Number (if available): _______________________________
(with area code)
Please enter the name of a General Contact. This contact information will be used by Environment Canada to correspond with you on items related to your submission, including your registration and password required for login and reporting online.
First Name: ______________________________________________________________
Last Name: ______________________________________________________________
Email: __________________________________________________________________
Position/Job Title: ________________________________________________________
Telephone Number: ______________________________
(with area code)
Fax Number (if available): _________________________
(with area code)
2.0 Information on Implementation of the Pollution Prevention Plan
This Declaration requires reporting of data from the 2018 Implementation Year.
If you are reporting data for a year other than the above specified year, check all those that apply:
☐ Person or class of persons subject to the Notice has been granted a time extension to implement a Plan that results in an Implementation Year other than 2018
☐ Person or class of persons subject to the Notice has implemented a Plan prior to the deadline specified in the Notice that results in an Implementation Year earlier than 2018
☐ Person or class of persons became subject to the Notice after the date of publication that result in an Implementation Year other than 2018
☐ Other (please specify): _______________________________________________________________________________________
If any of the above is applicable, indicate the new Implementation Year for which you are reporting: ___________ All references to the Implementation Year 2018 throughout this Declaration will be replaced by this new Implementation Year.
3.0 Action(s) Taken and Results Achieved
3.1 Participation in Stewardship Program
To date, have you participated and will you continue to participate in a stewardship program in Canada for halocarbons used as refrigerants as set out in subsection 4(4) of the Notice? ☐ Yes ☐ No
If yes, provide the following information about the stewardship program:
(a) Name of the program | |
---|---|
(b) Brief description of the program (indicate if it is an individual or collective program) | |
(c) Date on which your participation in the program began (Month/Year) | |
(d) Describe your participation in the program to date |
If no, explain:
3.2 Quantity of Halocarbon Refrigerant Recovered in Canada and Accepted in the Stewardship Program in Order to be Reclaimed or Destroyed
Indicate the quantity, in kilograms, of recovered halocarbon refrigerants accepted to date in the stewardship program in order to be reclaimed or destroyed: __________________
Date that the stewardship program started to accept recovered halocarbon refrigerants in order to be reclaimed or destroyed (e.g. 2016-12-15): _____________________
3.3 Destruction and Reclamation Criteria
Describe the criteria to decide when a halocarbon refrigerant accepted in the stewardship program can be reclaimed, or when a halocarbon refrigerant must be destroyed.
3.4 Halocarbon Refrigerants Accepted in the Stewardship Program
Describe which halocarbon refrigerants are accepted in the stewardship program (i.e. chlorofluorocarbons, hydrochlorofluoro carbons and/or hydrofluorocarbons) and the sectors from which they come from. Also describe the criteria to reject a refrigerant from the stewardship program (for example hydrocarbon content).
3.5 Collection Facilities and Collections Services
Describe the collection facilities and collection services implemented by the stewardship program and the provinces and territories in which they are implemented.
3.6 Communication and Education Plan
Describe the communication and education plan to increase awareness of the stewardship program among heating, ventilation, air conditioning and refrigeration contractors in Canada.
3.7 Environmental Compliance Audit
Describe the environmental compliance audit that was conducted after the first full year of operation of the stewardship program and provide a summary of the results.
3.8 Stewardship Program Funding
Describe the funding to support the stewardship program.
4.0 Risk Management Objective
Describe how the elements of the Pollution Prevention Plan met the risk management objective for the halocarbons identified in subsection 4(2) of the Notice. If this Plan did not meet the risk management objective, explain why.
5.0 Factors to Consider
Describe any progress made in the Implementation Year 2018 towards taking into account the “Factors to consider in preparing the plan” in section 4 of the Notice, except those factors for which a waiver has been granted by the Minister of Environment.
Paragraph 4(4)(l) — 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.
6.0 Certification
I hereby certify that a Pollution Prevention Plan has been implemented in respect of halocarbons used as a refrigerant and that the information provided in this Declaration is true, accurate and complete.
_____________________________________________________________________
Signature of the Person Subject to the Notice
or Duly Authorized Representative
_____________________________________________________________________
Date
Name: __________________________________________________________________
Please Print
Title/Position: ____________________________________________________________
Please Print