Environmental Response Regulations (SOR/2019-252)

Plan Reviews and Updates

Marginal note:Annual review

• 12 (1) The operator of an oil handling facility must review the oil pollution prevention plan and the oil pollution emergency plan annually and, if necessary, update the plans to ensure that they meet the requirements of section 10 or 11, as the case may be.

• Marginal note:Review — events

  (2) The operator of an oil handling facility must review the oil pollution prevention plan and the oil pollution emergency plan when any of the following events occur and, if necessary, update those plans within 90 days after the day on which the event occurred:

  • (a) any change in the law or in environmental factors that could affect the loading or unloading of oil to or from a vessel;

  • (b) any change in personnel involved in the loading or unloading of oil to or from a vessel;

  • (c) the identification of a gap in either of the plans after an oil pollution incident or exercise; and

  • (d) any change in the business practices, policies or operational procedures of the facility that could affect the loading or unloading of oil to or from a vessel.

• Marginal note:Submission of updates to Minister

  (3) If the operator of an oil handling facility updates the oil pollution prevention plan or the oil pollution emergency plan, the operator must submit the up-to-date plan to the Minister no later than one year after the update.

• Marginal note:Record

  (4) The operator of an oil handling facility must keep a record of the date and the results of each review of the oil pollution prevention plan and the oil pollution emergency plan conducted under subsections (1) and (2), including any updates, and must maintain the record for three years after the day on which it is created.

Procedures, Equipment and Resources

Marginal note:Procedures

• 13 (1) The procedures referred to in paragraph 168(1)(e) of the Act must include the following:

  • (a) the immediate shut down of loading or unloading operations and their restart in a manner that would not interfere with the immediate, effective and sustained response to the discharge;

  • (b) the reporting of the discharge in accordance with section 133 of the Vessel Pollution and Dangerous Chemicals Regulations;

  • (c) the coordination of the oil handling facility’s response operation with the activities of the Canadian Coast Guard and federal, provincial and other bodies responsible for, or involved in, the protection of the marine environment;

  • (d) the taking into account by the operator of the oil handling facility of the priorities set out in paragraph 11(1)(c) during the entire response to the discharge;

  • (e) the making available of at least one of the persons referred to in paragraph 11(1)(f) to the Department of Transport and the Canadian Coast Guard during the entire response to the discharge;

  • (f) the measures necessary to ensure that the operator of the oil handling facility is prepared to respond in the event of a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D);

  • (g) the deployment of the equipment and resources referred to in subsection (2) at the location of the discharge within the time frames set out in that subsection; and

  • (h) the undertaking of an investigation of the discharge in order to determine the causes and contributing factors, and the actions that are needed to reduce the risk of reoccurrence.

• Marginal note:Equipment and resources

  (2) The equipment and resources that the operator of the oil handling facility must have available for immediate use in accordance with paragraph 168(1)(e) of the Act are those

  • (a) that are required to contain, control, recover and clean up a discharge of oil of at least the applicable quantity set out in clauses 11(1)(b)(i)(A) to (D); and

  • (b) that can be deployed, if it is possible to do so in a safe, effective and practicable manner, at the location of the discharge,

    • (i) for the purposes of containing and controlling the oil, within one hour after the discovery of the discharge, and

    • (ii) for the purposes of recovering the oil and cleaning up, within six hours after the discovery of the discharge.

PART 3Consequential and Related Amendments, Repeal and Coming into Force

Consequential Amendments to the Response Organizations and Oil Handling Facilities Regulations

14 [Amendments]

15 [Amendments]

16 [Amendments]

17 [Amendments]

18 [Amendments]

19 [Amendments]

20 [Amendments]

21 [Amendments]

22 [Amendments]

23 [Amendments]

Related Amendments to the Administrative Monetary Penalties and Notices (CSA 2001) Regulations

24 [Amendments]

25 [Amendments]

Repeal

26 The Environmental Response Arrangements RegulationsFootnote ³ are repealed.

• Return to footnote ³SOR/2008-275

Coming into Force

Marginal note:S.C. 2014, c. 29

Footnote ^*27 These Regulations come into force on the day on which section 69 of the Safeguarding Canada’s Seas and Skies Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

• Return to footnote ^*[Note: Regulations in force June 25, 2019.]