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

Interpretation

Marginal note:Definitions

• 1 (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

• 2 (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

• 3 (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.

Environmental Emergency Plan

Marginal note:Preparation

• 4 (1) A responsible person must, for each facility at which a substance is located, prepare an environmental emergency plan with respect to the substance under the following circumstances:

  • (a) if some or all of the substance is not in a container system, a responsible person has reported a maximum expected quantity under paragraph 3(d) of Schedule 2 that is equal to or greater than the quantity set out in column 4 of Part 1 of Schedule 1 for that substance; or

  • (b) if the substance is in a container system, a responsible person has reported

    • (i) under paragraph 3(d) of Schedule 2, a maximum expected quantity 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, and

    • (ii) under paragraph 3(f) of Schedule 2, 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:Required contents

  (2) The environmental emergency plan must include the following:

  • (a) a description of the properties and characteristics of the substance and the maximum expected quantity of the substance at the facility;

  • (b) a description of the commercial, manufacturing, processing or other activity involving the substance that takes place at the facility;

  • (c) a description of the facility and of the area surrounding the facility that may be affected by an environmental emergency referred to in paragraph (d), including any hospitals, schools, residential, commercial or industrial buildings and any highways, public transit infrastructure, parks, forests, wildlife habitats, water sources or water bodies;

  • (d) an identification of any environmental emergency that could reasonably be expected to occur at the facility and that would likely cause harm to the environment or constitute a danger to human life or health, including the environmental emergency referred to in paragraph (e) and, if applicable, the environmental emergency that is more likely to occur than the environmental emergency referred to in paragraph (e) and that would have the longest impact distance outside the boundary of the facility;

  • (e) an identification of the harm to the environment or danger to human life or health that would likely result from an environmental emergency involving the release of

    • (i) the maximum quantity of the substance that could be contained in the container system that has the largest maximum capacity, if a quantity of the substance is in a container system, and

    • (ii) the maximum expected quantity of the substance that will not be in a container system, if a quantity of the substance is not in a container system;

  • (f) an identification of the harm to the environment or danger to human life or health that would likely result from the environmental emergency identified under paragraph (d), if any, that is more likely to occur than the environmental emergency referred to in paragraph (e) and would have the longest impact distance outside the boundary of the facility;

  • (g) a description of the measures to be taken to prevent and prepare for the environmental emergencies identified under paragraph (d) and the measures that will be taken to respond to and recover from such emergencies if they were to occur;

  • (h) a list of the position titles of the persons who will make decisions and take a leadership role in the event of an environmental emergency and a description of their roles and responsibilities;

  • (i) a list of the environmental emergency training that has been or will be provided to prepare personnel at the facility who will respond in the event that an environmental emergency identified under paragraph (d) occurs;

  • (j) a list of the emergency response equipment that is necessary for the measures described in paragraph (g) and the equipment’s location;

  • (k) a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to communicate with the members of the public who may be adversely affected by the environmental emergency referred to in paragraph (f) to inform them, before the environmental emergency occurs, of

    • (i) the possibility that the environmental emergency could occur,

    • (ii) the potential effects of the environmental emergency on the environment and on human life or health, taking into account the factors referred to in paragraphs (a) to (c), and

    • (iii) the measures that will be taken by the responsible person to protect the environment and human life or health, and the means by which the responsible person will communicate with them, in the event that the environmental emergency occurs;

  • (l) a description of the measures that will be taken by a responsible person or by a responsible person and local authorities, acting jointly, to, in the event that an environmental emergency involving the release of a substance occurs, communicate with the members of the public who may be adversely affected to provide them, during and after its occurrence, with information and guidance concerning the actions that could be taken by them to reduce the potential harm to the environment and danger to human life or health, including an explanation of how those actions may help to reduce the harm or danger;

  • (m) the position title of the person who will communicate with the members of the public referred to in paragraphs (k) and (l);

  • (n) a description of the consultations that a responsible person had with local authorities, if any, with respect to the measures referred to in paragraph (k) and (l); and

  • (o) a plan of the facility showing the location of any substances in relation to the physical features of the facility.

• Marginal note:Existing plan

  (3) For the purposes of subsection (1), a responsible person may use an environmental emergency plan that has been prepared on a voluntary basis, or for another government or under another Act of Parliament, if that plan meets the requirements of subsection (2) or is amended so that it meets those requirements.

• Marginal note:Adequate measures

  (4) The measures included in the environmental emergency plan must be adequate to address the objectives of preventing, preparing for, responding to and recovering from the environmental emergencies identified under paragraph (2)(d).

Marginal note:Notice – preparation of plan

5 Within six months after the day on which an environmental emergency plan is required to be prepared under subsection 4(1), a responsible person must inform the Minister that they have prepared the plan or are using a previously prepared plan in accordance with subsection 4(3) by submitting a notice that contains the information referred to in Schedule 3.

Marginal note:Bringing into effect

6 Within 12 months after the day on which an environmental emergency plan is required to be prepared under subsection 4(1), a responsible person must bring the plan into effect and submit a notice to the Minister that contains the information referred to in Schedule 4.

Marginal note:Simulation exercise

• 7 (1) A responsible person must conduct simulation exercises in relation to each environmental emergency plan that is prepared under subsection 4(1) as follows:

  • (a) each year, beginning on the day on which the plan is brought into effect, a simulation exercise in respect of one substance from each of the hazard categories referred to in column 5 of Parts 1 and 2 of Schedule 1, using an environmental emergency identified under paragraph 4(2)(d) as the emergency being simulated; and

  • (b) every five years, beginning on the day on which the plan is brought into effect, a full-scale simulation exercise in respect of any one substance, using an environmental emergency referred to in paragraph 4(2)(e) or (f) as the emergency being simulated.

• Marginal note:Cycle for simulation exercises

  (2) For the purposes of paragraph (1)(a), a simulation exercise conducted in respect of a substance belonging to a given hazard category must simulate a different environmental emergency for each subsequent simulation exercise until all of the environmental emergencies identified under paragraph 4(2)(d) for each of the substances belonging to that hazard category have been simulated, after which the environmental emergencies must be cycled through again.

• Marginal note:Exception

  (3) Paragraph (1)(a) does not apply in respect of a year during which a full-scale simulation exercise is conducted under paragraph (1)(b).