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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 Plan (continued)

Marginal note:Access

 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

 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

 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

 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

  •  (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

 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

 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

  •  (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

  •  (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

  •  (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

  •  (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

 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

 [Amendments]

Coming into Force

Marginal note:180th day after registration

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

 
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