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Environmental Emergency Regulations, 2019 (SOR/2019-51)

Regulations are current to 2020-06-17 and last amended on 2019-08-24. Previous Versions

Environmental Emergency Regulations, 2019

SOR/2019-51

CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999

Registration 2019-02-25

Environmental Emergency Regulations, 2019

P.C. 2019-96 2019-02-23

Whereas, pursuant to subsection 332(1)Footnote a of the Canadian Environmental Protection Act, 1999Footnote b, the Minister of the Environment published in the Canada Gazette, Part I, on October 8, 2016, a copy of the proposed Environmental Emergency Regulations, 2016, substantially in the annexed form, and persons were given an opportunity to file comments with respect to the proposed Regulations or to file a notice of objection requesting that a board of review be established and stating the reasons for the objection;

And whereas, pursuant to subsection 200(1) of that Act, the National Advisory Committee has been given an opportunity to provide its advice under section 6Footnote c of that Act;

Therefore, Her Excellency the Governor General in Council, on the recommendation of the Minister of the Environment, pursuant to subsection 200(1) of the Canadian Environmental Protection Act, 1999Footnote b, makes the annexed Environmental Emergency Regulations, 2019.

Interpretation

Marginal note:Definitions

  •  (1) The following definitions apply in these Regulations.

    Act

    Act means the Canadian Environmental Protection Act, 1999. (Loi)

    CAS registry number

    CAS registry number means the identification number assigned to a substance by the Chemical Abstracts Service, a division of the American Chemical Society. (numéro d’enregistrement CAS)

    container system

    container system means any receptacle or network of receptacles that is used to contain a substance — including any connected pipelines or piping — except any part of that network that is automatically or remotely segregated from the rest of the network by shut-off valves, or other mechanisms, in the event of any environmental emergency. (système de réservoirs)

    simulation exercise

    simulation exercise means an exercise simulating the response to an environmental emergency involving the release of a substance. (exercice de simulation)

    facility

    facility means a property on which one or more fixed onshore installations are located and where a substance is present. (installation)

    full-scale simulation exercise

    full-scale simulation exercise means an action-based simulation exercise requiring the deployment of personnel, resources and equipment. (exercice général de simulation)

    maximum capacity

    maximum capacity means, in respect of a container system, its full physical capacity, expressed in tonnes, including any capacity that is beyond the safe-fill limit set by the manufacturer of the receptacles that comprise the container system. (capacité maximale)

    responsible person

    responsible person means any person who owns or has the charge, management or control of a substance that is located at a facility. (responsable)

  • Marginal note:Maximum expected quantity

    (2) For the purposes of these Regulations, the maximum expected quantity of a substance is to be determined in accordance with subsections 3(1) to (4) for the one-year period beginning on the day on which the applicable situation referred to in subsection 3(1) or (5) occurs or the one-year period beginning on the day on which a notice is submitted under section 13.

List of Substances

Marginal note:List

  •  (1) For the purposes of the definition substance in section 193 of the Act, the list of substances consists of

    • (a) the substances having a CAS registry number set out in column 1 of Part 1 of Schedule 1 and that, if present in a mixture, are in a concentration that is greater than or equal to the concentration set out in column 3 of that Part; and

    • (b) the solutions having a CAS registry number set out in column 1 of Part 2 of Schedule 1, if the concentration of the solute in the solution is greater than or equal to the concentration set out in column 3 of that Part and, in the case of a solution that is present in a mixture, if the concentration of the solute in the mixture is greater than or equal to the concentration set out in column 3 of that Part.

  • Marginal note:Exclusions

    (2) The following substances are excluded from the list referred to in subsection (1):

    • (a) a substance that is identified in column 5 of Part 1 of Schedule 1 as combustible or likely to explode and

      • (i) is in a mixture that has a flashpoint greater than 23 °C and a boiling point greater than 35 °C, or

      • (ii) is a component of natural gas in its gaseous form;

    • (b) a substance that is identified in column 5 of Part 1 or 2 of Schedule 1 as an inhalation hazard and is in a mixture, in gaseous or liquid form, that has a total vapour pressure of less than 1.33 kPa;

    • (c) a substance that is used to fuel a heating appliance or to generate power at the facility where it is located and is present in a quantity that is less than the quantity set out in column 4 of Part 1 of Schedule 1 for that substance;

    • (d) a substance that is regulated under the Transportation of Dangerous Goods Act, 1992 or the Canada Shipping Act, 2001;

    • (e) a substance that is in a pipeline that is regulated under the National Energy Board Onshore Pipeline Regulations or in a processing plant that is regulated under the National Energy Board Processing Plant Regulations;

    • (f) a substance that is in a pipeline located entirely within a province and that is on a property where there are no fixed onshore installations other than pipelines, compressor stations or pump stations;

    • (g) a substance that is in a fuel tank that is connected to and supplies the engine of a conveyance that is used for transportation;

    • (h) the substance set out in item 57 of Part 1 of Schedule 1, if it is in a solid form;

    • (i) the substance set out in item 143 of Part 1 of Schedule 1, if it is in the form of solid particles that measure more than 10 μm in diameter; and

    • (j) the substance set out in item 167 of Part 1 of Schedule 1, if it is in a form other than white phosphorous.

Notice Regarding Substances Located at a Facility

Marginal note:Notice

  •  (1) A responsible person must, within 90 days after the day on which either of the following situations occurs, submit to the Minister a notice containing the information referred to in Schedule 2 for each facility at which a substance is located:

    • (a) the total quantity of the substance, whether it is in a container system or not, is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance; or

    • (b) a quantity of the substance is placed in a container system that has a maximum capacity that is equal to or greater than the quantity set out in column 4 of Part 1 or 2 of Schedule 1 for that substance.

  • Marginal note:Excluded quantities

    (2) In determining the quantity of a substance for the purposes of subsection (1), the following quantities are excluded:

    • (a) quantities of the substance that are located at the facility for a period of 72 hours or less, unless the substance is loaded or unloaded at the facility, if, during that period, the person keeps evidence of the date and time at which the quantities of the substance arrived at the facility;

    • (b) quantities of the substance that are in a container system that has a maximum capacity of 0.03 t or less;

    • (c) quantities of the substance that are found in slag, waste rock, tailings, solid residues, ores and ore concentrates;

    • (d) quantities of the substance set out in item 17 of Part 1 of Schedule 1 that are in a container system that has a maximum capacity of less than 10 t and is located at least 360 m from all points along the boundary of the facility; and

    • (e) quantities of a substance set out in item 163 of Part 1 of Schedule 1 or item 5 or 9 of Part 2 of that Schedule that are located at a farming operation for on-site use as an agricultural nutrient.

  • Marginal note:Determination of Quantity — Part 1 of Schedule 1

    (3) For the purposes of subsection (1), the quantity of a substance set out in Part 1 of Schedule 1 that is in a mixture is to be determined by multiplying the quantity of the mixture, expressed in tonnes, by the concentration, expressed in percentage (mass/mass), of the substance in the mixture.

  • Marginal note:Determination of Quantity — Part 2 of Schedule 1

    (4) For the purposes of subsection (1), the quantity of a substance that is a solution set out in Part 2 of Schedule 1 is to be determined

    • (a) in the case of a solution that is not in a mixture, by multiplying the quantity of the solution, expressed in tonnes, by the concentration expressed in percentage (mass/mass) of the solute in the solution; and

    • (b) in the case of a solution that is in a mixture,

      • (i) if the concentration of the solute in the solution is available, by multiplying the quantity of the mixture, expressed in tonnes, by the concentration expressed in percentage (mass/mass) of the solute in the solution and the concentration expressed in percentage (mass/mass) of the solution in the mixture, and

      • (ii) if the concentration of the solute in the solution is not available, by multiplying the quantity of the mixture, expressed in tonnes, by the percentage (mass/mass) of the solution in the mixture.

  • Marginal note:Notice of change

    (5) A responsible person must, within 60 days after the day on which any of the following situations occurs, submit an updated notice to the Minister that contains the information referred to in Schedule 2:

    • (a) the information that was reported under section 1 or 2 of Schedule 2 has changed;

    • (b) the maximum expected quantity that was most recently reported under paragraph 3(d) of Schedule 2 in respect of a substance has increased by 10% or more; or

    • (c) the maximum capacity that was most recently reported under paragraph 3(f) of Schedule 2 in respect of a container system, in which a quantity of a substance is contained, has increased by 10% or more.

 
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