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

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).

Marginal note:Record of simulation exercise

8 After each simulation exercise is conducted in relation to the environmental emergency plan, a responsible person must prepare a record that contains the date, a summary and the results of the simulation exercise and any modifications to be made to the plan as a result of the simulation exercise.

Marginal note:Notice — simulation exercises conducted

9 A responsible person must, within five years after the day on which the environmental emergency plan is brought into effect under section 6, submit a notice to the Minister containing the information referred to in Schedule 5 concerning the simulation exercises conducted in relation to an environmental emergency plan.

Marginal note:Updates to the plan

10 A responsible person must review and, if necessary, update the environmental emergency plan at least once a year to ensure that it continues to meet the requirements of subsection 4(2) and keep a record of the date of the review.

Marginal note:Access

11 A responsible person must make a copy of the environmental emergency plan readily available at the facility referred to in subsection 4(1) and at any other place where a copy of the plan needs to be kept for consultation by the individuals who are to carry it out.

Marginal note:Measures under paragraph 201(1)(b) of Act

12 The emergency measures that are to be taken under paragraph 201(1)(b) of the Act include the measures to respond to and recover from an environmental emergency that are set out in the environmental emergency plan.

Periodic Submission of Notices

Marginal note:Notice regarding a substance

13 If a notice has been submitted under subsection 3(1), a responsible person must submit a new notice to the Minister that contains the information referred to in Schedule 2 no later than five years after the day on which the most recent notice containing that information was submitted.

Marginal note:Notice of simulation exercise

14 If a notice has been submitted under section 9, a responsible person must submit a new notice to the Minister that contains the information referred to in Schedule 5 no later than five years after the day on which the most recent notice containing that information was submitted.

Change in Circumstances

Marginal note:Change in quantity or capacity

• 15 (1) If a notice has been submitted under subsection 3(1) in respect of a substance located at a facility, a responsible person must submit a notice to the Minister if

  • (a) the total quantity of the substance located at the facility is, for a period of one year, less 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, for a period of one year, no longer found in a container system at the facility 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:Time limit for submission

  (2) The notice must contain the information referred to in Schedule 6 and be submitted no later than 60 days after the end of the period referred to in paragraph (1)(a) or (b), as the case may be.

Marginal note:Cessation of operations

16 A responsible person who intends to cease operations for a period of one year or more at a facility where a substance is located, for any purpose other than maintenance, must submit a notice containing the information referred to in Schedule 7 to the Minister at least 30 days before the day on which operations are to cease, or as soon as feasible in the case of extraordinary circumstances such as fire, major accident, vandalism, natural disaster or act of terrorism.

Marginal note:Transfer of ownership of facility

17 If there is a transfer of the ownership of a facility where a substance is located, a responsible person must, if a notice has been submitted under subsection 3(1) in respect of the substance, submit a notice containing the information referred to in Schedule 7 to the Minister on or before the date of the transfer.

Reporting of Environmental Emergencies

Marginal note:Paragraph 201(1)(a) of Act

• 18 (1) For the purposes of these Regulations, paragraph 201(1)(a) of the Act applies only in relation to an environmental emergency that

  • (a) has or may have an immediate or long-term harmful effect on the environment;

  • (b) constitutes or may constitute a danger to the environment on which human life depends; or

  • (c) constitutes or may constitute a danger in Canada to human life or health.

• Marginal note:Written Report — designated person

  (2) The person who is designated to be provided with a written report respecting the occurrence of an environmental emergency involving a substance that is on the list referred to in section 2 is the Regional Director, Environmental Enforcement Directorate, Enforcement Branch, Department of the Environment, in the region where the environmental emergency occurs.

• Marginal note:Written Report — required contents

  (3) The written report must include the information referred to in Schedule 8.

Submission Requirements

Marginal note:Certification

• 19 (1) Any information that is required to be submitted under these Regulations, and any written report provided under paragraph 201(1)(a) of the Act, must be accompanied by a certification, signed and dated by the person who is required to submit the information or provide the report, or by their authorized representative, stating that the information or report is accurate and complete.

• Marginal note:Additional information

  (2) If the certification is provided by an authorized representative, the authorized representative must provide their name, telephone number and email address.

Marginal note:Electronic submission under these Regulations

• 20 (1) Any information that is required to be submitted to the Minister under these Regulations must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the information or of their authorized representative.

• Marginal note:Electronic submission — written report of environmental emergency

  (2) Any written report provided under paragraph 201(1)(a) of the Act to an enforcement officer or the person referred to in subsection 18(2) must be submitted electronically in the form and format specified by the Minister and bear the electronic signature of the person who is required to submit the report or of their authorized representative.

• Marginal note:Submission on paper

  (3) If the Minister has not specified a form and format or if it is not feasible to submit the information or report electronically because of circumstances beyond the person’s control, the information or report, as the case may be, must be submitted on paper in the form and format specified by the Minister, if any, and be signed by the person or their authorized representative.

Record Keeping

Marginal note:Record keeping

• 21 (1) Any records prepared in accordance with sections 8 and 10 must be kept at the facility referred to in subsection 4(1).

• Marginal note:Seven years

  (2) The records referred to in subsection (1) must be kept for a period of not less than seven years beginning on the day on which they are prepared.

Transitional Provision

Marginal note:Application of section 3

22 For the purposes of section 3, if either of the situations described in paragraph 3(1)(a) or (b) occurs in respect of a facility before the day on which these Regulations come into force, a responsible person must submit the notice referred to in subsection 3(1) to the Minister within 90 days after the day on which these Regulations come into force.

Repeal

23 The Environmental Emergency RegulationsFootnote ¹ are repealed.

• Return to footnote ¹SOR/2003-307

Coming into Force

Marginal note:180th day after registration

24 These Regulations come into force on the 180th day after the day on which they are registered.