Appendix 1: Proposed Factors the Minister May Take Into Consideration When Determining Whether an Environmental Emergency Plan Would be Required

Subsection 199(1) of the Canadian Environmental Protection Act, 1999 (CEPA), authorizes the Minister of the Environment to require any person or class of persons to prepare and implement an environmental emergency plan respecting the prevention of, preparedness for, response to or recovery from an environmental emergency for substances on the List of Toxic Substances in Schedule 1 and substances the ministers of the Environment and Health have recommended or ordered to be added to Schedule 1.

The proposed factors the Minister may take into consideration to determine whether an environmental emergency plan would be required under section 199 are set out below.

For substances on the List of Toxic Substances in Schedule 1, the Minister may take the following factors into consideration when determining whether an environmental emergency plan would be required:

1. whether the substance is currently imported, manufactured, used or stored in Canada;
2. whether the management option for the substance includes the requirement for an emergency plan outlining preventative or control measures (or equivalent) that adequately address the prevention of, preparedness for, response to or recovery from an environmental emergency; and
3. for all other substances on the List of Toxic Substances where the Minister determines that, after a review of available data by the process indicated in Section 3.0 of the guideline, whether there is potential for a sudden, unplanned or accidental release to occur, given the existing or proposed preventative or control measures.

For substances the ministers of the Environment and Health have recommended under subsection 77(6)(b) that the Governor-in-Council add to Schedule 1 or have recommended under subsection 90(1) that the Governor in Council make an order adding the substance to Schedule 1, the Minister of the Environment may require an environmental emergency plan. This plan may be required as a temporary instrument for the interim period until risk management measures are implemented that address environmental emergencies satisfactorily, however, nothing precludes the environmental emergency plan from being used as a permanent risk management tool for a substance.