Canada Gazette, Part I, Volume 154, Number 41: Notice requiring the preparation and implementation of pollution prevention plans with respect to triclosan in certain products

October 10, 2020

DEPARTMENT OF THE ENVIRONMENT

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Notice requiring the preparation and implementation of pollution prevention plans with respect to triclosan in certain products

Pursuant to the Canadian Environmental Protection Act, 1999 (the “Act”), the Minister of the Environment published in the Canada Gazette, Part I, on November 24, 2018, the Proposed notice requiring the preparation and implementation of pollution prevention plans with respect to triclosan in certain products.

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 the Environment has considered all comments received,

Notice is hereby given that, under subsection 56(1) of the Act, the Minister of the Environment requires any person or class of person described in section 2 of the Notice to prepare and implement a pollution prevention plan in respect of triclosan in certain products.

The Minister of the 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.

This Notice was published in the Canada Gazette, Part I, to satisfy the requirements under section 92 of the Act.

More information on pollution prevention planning can be found in the Pollution Prevention Plans under the Canadian Environmental Protection Act: guidelines. These guidelines and other information relating to pollution prevention and pollution prevention planning can also be found on the Pollution prevention planning notices section of the Government of Canada’s website: https://www.canada.ca/en/environment-climate-change/services/pollution-prevention/planning-notices.html.

Jonathan Wilkinson
Minister of the Environment

NOTICE REQUIRING THE PREPARATION AND IMPLEMENTATION OF POLLUTION PREVENTION PLANS WITH RESPECT TO TRICLOSAN IN CERTAIN PRODUCTS

Notice is hereby given that, pursuant to the provisions of subsection 56(1) of Part 4 of the Canadian Environmental Protection Act, 1999 (the “Act”), the Minister of the Environment requires any person or class of persons described in section 2 of the Notice to prepare and implement a pollution prevention plan with respect to triclosan in certain products, which is specified on the List of Toxic Substances in Schedule 1 of the Act.

1 Definitions

The definitions in this section apply to this Notice.

However, a natural health product does not include a substance set out in Schedule 2 of the Regulations, any combination of substances that includes a substance set out in Schedule 2 of the Regulations or a homeopathic medicine or a traditional medicine that is or includes a substance set out in Schedule 2 of the Regulations.

2 Person or class of persons required to prepare and implement a plan

3 Activities for which the plan is to be prepared

The Minister requires any person or class of persons identified in section 2 to prepare and implement a plan in relation to the following activities:

4 Factors to consider in preparing the plan

The Minister requires any person or class of persons identified in section 2 to consider the following factors when preparing their plan:

5 Content of the plan

A person or class of persons identified in section 2 of the Notice is to determine the appropriate content of that person’s plan; however, the plan must meet all the requirements of the Notice. The plan must also contain the information required to file the Declaration of Preparation referred to in section 8 of the Notice and have the capacity to generate the information required to file the Declaration of Implementation referred to in section 10 of the Notice.

6 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 this Notice. Under subsection 57(2) of the Act, where a person uses a plan that does not meet all the requirements of the Notice, the person 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 using an existing plan must still file the Declaration of Preparation referred to in section 8 of the Notice, the Declaration of Implementation referred to in section 10 of the Notice, and, if applicable, any amended declarations referred to in section 11 of the Notice.

7 Period to prepare the plan

8 Deadline to submit the Declaration of Preparation

Under subsection 58(1) of the Act, any person or class of persons identified in section 2 of the Notice must, within 30 days after the end of the period given to prepare the plan as specified in section 7 or 13, file a written “Declaration that a Pollution Prevention Plan Has Been Prepared and Is Being Implemented.” This Declaration should be submitted to the Minister, using the online form that contains the information set out in Schedule 1 of the Notice.

9 Period to implement the plan

10 Deadline to submit the Declaration of Implementation

Under subsection 58(2) of the Act, any person or class of persons identified in section 2 of the Notice must, within 30 days after the end of the period given to implement the plan as specified in section 9 or 13, file a written “Declaration that a Pollution Prevention Plan Has Been Implemented.” This Declaration should be submitted to the Minister, using the online form that contains the information set out in Schedule 5 of the Notice.

11 Filing of amended Declarations

Subsection 58(3) of the Act requires any person or class of persons specified in section 2 of the Notice to file an amended Declaration of Preparation or an amended Declaration of Implementation if, at any time after the filing, the information submitted has become false or misleading. This Declaration must be submitted to the Minister within 30 days of becoming aware that the information became false or misleading using the appropriate form referred to in section 8 or 10 of the Notice.

12 Requirement to keep the plan and record keeping

Section 59 of the Act requires any person or class of persons identified in section 2 of the Notice to keep a copy of the plan at the place in Canada in relation to which the plan is prepared, which is the physical address identified in the Schedules.

Any person or class of persons identified in section 2 of the Notice must keep the plan and any records pertaining to the plan while engaged in the manufacture and import of certain triclosan-containing products and for five years after they have ceased these activities.

13 Extension of time

Under subsection 56(3) of the Act, the Minister may extend the period to prepare a plan or the period to implement a plan beyond the periods referred to in section 7 and 9 if the Minister is of the opinion that such an extension is necessary. A person should submit a written “Request for Time Extension” using the online form that contains the information set out in Schedule 3 of the Notice. The request must be submitted 60 days before the expiry of

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 if the Minister is of the opinion that it is neither reasonable nor practicable to consider such a factor. The decision to grant a waiver will be based on the reasons provided by that person or class of persons in a “Request for Waiver of the Requirement to Consider a Factor or Factors.” This request should be submitted within 60 days before the expiry of the period to prepare the plan as referred to in section 7 or before the expiry of any extended period using the online form that contains the information set out in Schedule 2 of the Notice.

15 Public disclosure of information and forms

The Minister intends to publish information submitted in Schedules 1 and 5 in response to this Notice on the Pollution prevention planning notices section of the Government of Canada’s website.

Under section 313 of the Act, all 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:

Forms referred to in the Notice (Schedules 1, 2, 3 and 5) will be published as part of the Notice and should be filled out electronically using the Pollution Prevention Planning Online Reporting tool in Environment and Climate Change Canada’s Single Window found at https://www.canada.ca/en/environment-climate-change/services/pollution-prevention/planning-notices/report-online.html.

16 Performance measurement and evaluation of the Notice

Performance measurement of the Notice will be conducted after every reporting cycle to evaluate the effectiveness of the Notice in meeting its intended objectives. Performance reports summarizing the overall results to date will be posted online at https://www.canada.ca/en/environment-climate-change/services/pollution-prevention/planning-notices/performance-results.html.

The Minister will evaluate the effectiveness of the Notice with respect to the risk management objective set out in subsection 4(2) of the Notice. This may include a data gathering initiative after the implementation of the plans to verify use patterns and quantities of triclosan.

The Minister will determine whether other measures are needed to further prevent or reduce negative impacts of triclosan on the environment.

17 Resources

Guidance on preparing pollution prevention plans may be obtained from

Additional information and guidance on pollution prevention can be found on

For further inquiries regarding P2 planning and P2 practices, please email ec.planp2-P2Plan.EC@canada.ca.

18 Notice Reference Code: P2Triclosan

For administrative purposes, all communication with Environment and Climate Change Canada concerning the Notice should refer to the following Notice Reference Code: P2Triclosan.

19 Environment and Climate Change Canada contact information

For technical questions or comments about this Proposed Notice, or online reporting, please contact or send queries to

Products Division
Environment and Climate Change Canada
351 Saint-Joseph Boulevard
Gatineau, Quebec K1A 0H3
Fax: 819‑938‑4480 or 1‑888‑391‑3695
Email: ec.produits-products.ec@canada.ca

For more information about pollution prevention planning, please contact

Innovative Measures Section
Regulatory Innovation and Management Systems
Environment and Climate Change Canada
351 Saint-Joseph Boulevard, 20th Floor
Gatineau, Quebec K1A 0H3
Telephone (toll-free): 1‑844‑580‑3637
Fax: 819‑420‑7386 or toll-free: 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 Justice Canada’s website: 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 https://www.canada.ca/en/environment-climate-change/services/canadian-environmental-protection-act-registry/publications/compliance-enforcement-policy.html.

Suspected violations under the Act can be reported to the Enforcement Branch by email at ec.enviroinfo.ec@canada.ca.

NOTE: Please contact Environment and Climate Change Canada for more information about electronic reporting, as provided in sections 15 and 19 of the Notice. Do not fill out this form as it appears in the Canada Gazette; it is for information only. The format and design of the online version may slightly differ from this version.

Schedule 1: Declaration That a Pollution Prevention Plan Has Been Prepared and Is Being Implemented — Pollution Prevention Planning Notice with Respect to Triclosan in Certain Products (subsection 58(1) of CEPA)

Notice Reference Code: P2Triclosan

Contacts

Company

Company Name:

Canadian Federal Business Number:

Physical Address:

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

Mailing Address

Same as Physical Address ☐

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

National Pollutant Release Inventory (NPRI) ID:

Six-digit North American Industry Classification System (NAICS) code:

Technical Contact

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

General Contact

Same as Technical Contact ☐

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

Use of Existing Plans

Prior to this Notice, did you have a Pollution Prevention (P2) Plan? ☐ Yes ☐ No

If yes, the P2 plan was previously prepared

Did you use that P2 plan (all or in part) to meet the requirements of this Notice? ☐ Yes ☐ No

Baseline information

Base Year

If you were subject to the Notice in the 2020 calendar year, this Declaration requires reporting of data from a Base Year (January 1 to December 31), which can be no earlier than 2011 and no later than 2020.

Indicate the Base Year:

If you became subject to the Notice in the 2021 calendar year or any calendar year thereafter, this Declaration requires reporting of data from a Base Year. The Base Year is the calendar year that you became subject to the Notice.

Indicate the Base Year:

All information provided in this Declaration will refer to this Base Year.

Manufacture and import information

Did you manufacture triclosan-containing products that are cosmetics, natural health products or drugs during the Base Year? ☐ Yes ☐ No

Did you import triclosan-containing products that are cosmetics, natural health products or drugs during the Base Year? ☐ Yes ☐ No

Anticipated actions to reduce triclosan

This part must be completed for each anticipated action identified in this P2 Plan.

Anticipated action

Action No.

Describe the anticipated action to be taken to reduce triclosan quantities. Clearly identify which product(s) or type(s) of product(s) this action relates to:

Types of pollution prevention methods (select all that apply)

What is the current status of this Action? ☐ Planned ☐ In Progress ☐ Completed

Anticipated quantity reductions to be achieved for this action

Report the anticipated quantity of change in kilograms to be achieved in annual use or import of the substance relative to the Base Year:

Note: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

Planned Completion Date (YYYY-MM-DD):

Total anticipated results

The information below summarizes the total anticipated change to be achieved by implementing ALL actions identified in the previous section.

Note: Indicate a decrease with a negative sign (“-”) and an increase with a positive sign (“+”) in front of the reported quantity.

If you manufacture triclosan-containing products that are cosmetics, natural health products or drugs, indicate the total anticipated change in quantity of triclosan used in the manufacture of these products.

If you import triclosan-containing products that are cosmetics, natural health products or drugs, indicate the total anticipated change in quantity of triclosan, imported in these products.

Maintaining reductions and tracking results

Describe the anticipated method used to track progress in implementing the P2 Plan and how you propose to maintain the reductions:

Objective of the Notice

Were you subject to the Final Notice in the 2020 calendar year? ☐ Yes ☐ No

Were you subject to the Final Notice in the 2021 calendar year or any year thereafter? ☐ Yes ☐ No

Alternatives to triclosan

Describe how the factor to consider, under subsection 4(5) of the Notice, was taken into account when preparing your P2 Plan, except if a waiver has been granted by the Minister.

Do you plan to use any alternative substances to triclosan? ☐ Yes ☐ No

Have you conducted an assessment of hazards and potential risks of the alternative substance(s) for which you plan to use in your products? ☐ Yes ☐ No ☐ Not applicable

If yes, please describe the assessment and its conclusion for each of the alternative substances for which you plan to use:

Do you have any other information to provide related to the use of alternatives to triclosan?

Certification

☐ I hereby certify that a P2 Plan in respect of triclosan has been prepared and is being implemented and that the information provided in this Declaration is true, accurate and complete.

Name:

Title/Position:

Email:

Date:

General Comments

 

Schedule 2: Request for Waiver of the Requirement to Consider a Factor or Factors — Pollution Prevention Planning Notice with Respect to Triclosan in Certain Products (subsection 56(5) of CEPA)

Notice Reference Code: P2Triclosan

Contacts

Company

Company Name:

Canadian Federal Business Number:

Physical Address

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

Mailing Address

Same as Physical Address ☐

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

National Pollutant Release Inventory (NPRI) ID:

Six-digit North American Industry Classification System (NAICS) code:

Technical Contact

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

General Contact

Same as Technical Contact ☐

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

Factor(s) to consider for which a waiver is being requested

Identify for which factor(s) to consider listed in the Notice a waiver is being requested.

 
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).

 
Certification

☐ I hereby certify that the information provided in this Request is true, accurate and complete.

Name:

Title/Position:

Email:

Date:

General Comments

 

Schedule 3: Request for Time Extension — Pollution Prevention Planning Notice with Respect to Triclosan in Certain Products (subsection 56(3) of CEPA)

Notice Reference Code: P2Triclosan

Contacts
Company

Company Name:

Canadian Federal Business Number:

Physical Address

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

Mailing Address

Same as Physical Address ☐

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

National Pollutant Release Inventory (NPRI) ID:

Six-digit North American Industry Classification System (NAICS) code:

Technical Contact

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

General Contact

Same as Technical Contact ☐

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

Request for Time Extension

Identify for which of the following a time extension is being requested (choose one):

Are you requesting to extend a time extension already granted by Environment and Climate Change Canada? ☐ Yes ☐ No

We request that the date be extended to: (specify exact date – YYYY-MM-DD)

Rationale for Request

Explain why additional time is needed to prepare or implement the Pollution Prevention Plan.

 
Certification

☐ I hereby certify that the information provided in this Request is true, accurate and complete.

Name:

Title/Position:

Email:

Date:

General Comments

 

Schedule 5: Declaration That a Pollution Prevention Plan Has Been Implemented — Pollution Prevention Planning Notice with Respect to Triclosan in Certain Products (subsection 58(2) of CEPA)

Notice Reference Code: P2Triclosan

Contacts
Company

Company Name:

Canadian Federal Business Number:

Physical Address

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

Mailing Address

Same as Physical Address ☐

Unit: Street Number: Street Name:

Street Type: Street Direction:

City: Province/Territory:

Postal Code: Country:

National Pollutant Release Inventory (NPRI) ID:

Six-digit North American Industry Classification System (NAICS) code:

Technical Contact

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

General Contact

Same as Technical Contact ☐

Name: Position/Job Title:

Mailing Address:

Telephone Number: Fax Number:

Email:

Implementation Information

Implementation Year

If you were subject to the Final Notice in the 2020 calendar year, this Declaration requires reporting of data from the Implementation Year, which is a calendar year ending no later than 36 months from the date of publication of the Final Notice. The Implementation Year can be no later than 2022.

Year you Became Subject Implementation Year
2020 2021 or 2022

If you were subject to the Final Notice in the 2021 calendar year or any calendar year thereafter, this Declaration requires reporting of data from the Implementation Year, which is the calendar year following the calendar year you became subject to the Notice. The Implementation Year is therefore as follows:

Year you Became Subject/Base Year Implementation Year
2021 2022
2022 2023
2023 2024
2024 2025
2025 2026
etc.  

Are you reporting data for the year 2022? ☐ Yes ☐ No

If No, indicate which year you are reporting for:

If you are reporting data for an Implementation Year other than 2022, select all that apply:

Manufacture and import information

Did you manufacture triclosan-containing products that are cosmetics, natural health products or drugs during the Implementation Year? ☐ Yes ☐ No

Did you import triclosan-containing products that are cosmetics, natural health products or drugs during the Implementation Year? ☐ Yes ☐ No

Actions taken and results achieved

This part must be completed for each action taken that was previously reported in your last submitted schedule.

Also report and describe any action taken that was not previously reported.

Action No.

Describe the action taken to reduce triclosan quantities. Clearly identify which product(s) or type(s) of product(s) this action relates to:

Types of pollution prevention methods (select all that apply):

What is the current status of this Action? ☐ Completed ☐ Discontinued

If the action was “Discontinued,” please provide the reason why:

Quantity reduction achieved for this action

Report the quantity of change achieved in kilograms in annual use or import of the substance relative to the Base Year:

Note: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

Completion Date (YYYY-MM-DD):

Total results achieved

The information below summarizes the total change achieved by implementing ALL actions identified in the previous section.

Note: Indicate a decrease with a negative sign (“−”) and an increase with a positive sign (“+”) in front of the reported quantity.

If you manufacture triclosan-containing products that are cosmetics, natural health products or drugs, indicate the total change in quantity of triclosan used in the manufacture of these products.

If you import triclosan-containing products that are cosmetics, natural health products or drugs, indicate the total change in quantity of triclosan imported in these products:

Total anticipated manufacture and import post implementation

If you manufacture triclosan-containing products that are cosmetics, natural health products or drugs, indicate the total yearly quantity of triclosan, in kilograms, anticipated to be used after implementation:

If you import triclosan-containing products that are cosmetics, natural health products or drugs, indicate the total yearly quantity of triclosan, in kilograms, anticipated to be imported after implementation:

Maintaining progress and tracking results

Describe the method used to track progress in implementing the P2 Plan and how you have and will continue to maintain the reductions:

Objective of the Notice

Were you subject to the Final Notice in the 2020 calendar year? ☐ Yes ☐ No

Were you subject to the Final Notice in the 2021 calendar year or any calendar year thereafter? ☐ Yes ☐ No

Alternatives to triclosan

Describe progress made in the Implementation Year towards the factor to consider, under subsection 4(5) of the Notice, except if a waiver has been granted by the Minister.

Are you using alternatives to triclosan in your products? ☐ Yes ☐ No

If yes, provide the following information:

Have you conducted an assessment of hazards and potential risks of alternative substance(s) since submission of Schedule 1? ☐ Yes ☐ No ☐ Not applicable

If yes, please describe the assessment and its conclusion for each of the alternative substances for which you plan to use:

Do you have any other information to provide related to the use of alternatives to triclosan?

Certification

☐ I hereby certify that a P2 Plan in respect of triclosan has been implemented and that the information provided in this Schedule is true, accurate and complete.

Name:

Title/Position:

Email:

Date:

General Comments