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On May 21, 2016, the Minister of Environment published a Notice Requiring the Preparation and Implementation of Pollution Prevention Plans in Respect of Halocarbons Used as a Refrigerant (“Notice”) under Part 4 of the Canadian Environmental Protection Act, 1999 (“CEPA”). The Notice will increase obligations for businesses which make, reclaim or import halocarbons for use as a refrigerant. Such businesses have a short window to prepare pollution prevention plans concerning halocarbon management.

The Notice obligations specifically apply to any business which, on or after 2015, manufactures, reclaims, or imports annually 100 kg or more, halocarbons that are to be used, whether alone or in mixtures, as a refrigerant in refrigeration systems or stationary air conditioning systems.

There are certain exclusions including an exception where halocarbons are used in “domestic appliances”. Given the penalties and disruption associated with a non-compliance finding, it is important that businesses monitor and satisfy the Notice requirements. Under the Notice, businesses may face fines, prosecution and environmental protection compliance orders which are designed to enforce the CEPA.

The Notice requires pollution prevention plans to be prepared, and implementation initiated, by November 2016. Given the immanency of the deadline, businesses should immediately look at doing the following:

  • review their operations to determine whether they manufacture, reclaim or import halocarbons for use as refrigerants; and
  • if so, promptly assess whether they need to prepare and implement a pollution prevention plan in accordance with the Notice requirements.

For more information about the Notice, please contact Jonathan Cocker.


Jonathan Cocker heads Baker McKenzie’s Environment & Environmental Markets Practice Group in Toronto, where he also serves as chair of the Pro Bono Committee. He authored the Global Climate Change Law Guide, and has worked with the Management Board Secretariat of the Government of Ontario. Mr. Cocker has represented a wide range of clients before various administrative boards, the Superior Court of Justice and the Federal Court of Canada, among others.